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Privacy Policy
Effective March 25, 2020
DownloadTable of Contents
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy. HomeAdvisor is a part of the IAC/InterActiveCorp family of businesses (www.iac.com), which includes Ask.com, Match.com, UrbanSpoon, and many others.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
- Information you provide. We may collect and store any personal information you enter on our website or provide to us in some other manner. This includes identifying information, such as your name, address, e-mail address, telephone number, credit card information, and other personally identifiable information.
- Information from other sources. We may also periodically obtain both personal and non-personal information about you from other IAC businesses, business partners, contractors and other third parties. Examples of information that we may receive include: updated delivery and address information, purchase history, and additional demographic information.
Use of cookies and other technologies to collect information. We use various technologies to collect information from your computer and about your activities on our site.
- Information collected automatically. We automatically collect information from your browser when you visit our website. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see "Cookies" below), and the referring website address.
- Cookies. When you visit our website, we may assign your computer one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our website.
- Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in promotional or other e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
- Information collected by third-parties. We may allow third-parties, including our authorized service providers, IAC companies, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements. This information allows them to deliver targeted advertisements and gauge their effectiveness. You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads). Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective.
- This site is being monitored by one or more third-party monitoring software(s), and may capture information about your visit that will help us improve the quality of our service. You may opt-out from the data that SmartPiXL is collecting on your visit through a universal consumer options page located at https://smart-pixl.com/Unsub/Unsub.html
- deliver the products and services that you have requested;
- manage your account and provide you with customer support;
- perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
- communicate with you by e-mail, postal mail, telephone and/or mobile devices or send newsletters about products or services that may be of interest to you either from us, our sister IAC companies or other third parties;
- communicate with you with regard to partially completed service requests;
- develop and display content and advertising tailored to your interests on our site and other sites;
- verify your eligibility and deliver prizes in connection with contests and sweepstakes;
- perform background screening, which may include the use of third parties, on Service Professionals;
- enforce our terms and conditions;
- publicly-display comments, ratings and reviews and other content provided by you;
- manage our business; and
- perform functions as otherwise described to you at the time of collection.
Payment and Financial information. For Service Professionals, we may use financial information or payment method to process payment for any purchases made on our website, enroll you in the discount, rebate, and other programs in which you elect to participate, to pre-qualify you for credit card and other offers that you might find of interest, to pre-qualify Service Professionals to participate in our contractor network, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business. For consumers, we may use credit card information to process payment for any payments made on our website.
Mobile Apps
If you install one of our apps on your mobile device, your use of the app is subject to the applicable app license agreement.
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
- Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our website or performing background checks of Service Professionals. We may also release information to collection and/or credit agencies for past due Service Professional accounts. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
- Marketing Affiliates: When you are referred to us via a third party marketing affiliate, we may share your email address, and other information that you provide, to such marketing affiliate.
- Business partners: When you make purchases, reservations or engage in promotions offered through our website or our services, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.
- Service Professionals. We match your information and service request against our list of Service Professionals. When you submit a service request through our website, you consent to our providing your personal information and request to the Service Professionals we match with your request. Sharing this information with Service Professionals allows them to contact you using the e-mail address or other contact information you provided. In addition, we have other approved contractual partners that fulfill service requests, or that utilize their own Service Professionals to supplement our network, and we share your information with them in order to attempt to provide the services requested. If using our services pursuant to a membership with one of our partners, HomeAdvisor may share your service request activity information with such partner.
- Direct mail partners. From time to time we may share our postal mailing list with selected providers of goods and services that may be of interest to you.
- Other IAC businesses. We are part of the IAC family of businesses (go to www.iac.com for a listing of these businesses). We may share information we collect, including personal information, with the IAC companies. Sharing information with our IAC companies enables us to provide you with information about a variety of products and services that might interest you.
- Other Situations. We also may disclose your information:
- In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.
- In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
For Service Professionals, we may share your business contact information with third parties, including but not limited to, business name, address, telephone number, email address and name of owner or proprietor of the business.
Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.
Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties and our IAC sister companies to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
How you can access your information
If you have an online consumer account with us, you have the ability to review and update your personal information online by logging into your account. You can also review and update your personal information by contacting us. More information about how to contact us is provided below.
You can also choose to have your account disabled by contacting [email protected]. After you deactivate your account, you will not be able to sign in to our website or access any of your personal information. However, you can open a new account at any time. If you deactivate your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our web site or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties' policies.
- At any time a consumer user can choose to no longer receive commercial or promotional emails or newsletters from us by accessing your user account and opting out. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them.
- If you prefer not to have us share your postal mailing information with these selected providers of goods and services that may be of interest to you, you can notify us at any time by emailing us at [email protected].
Blogs, bulletin boards, reviews and chat rooms
We may provide areas on our websites where you can post information about yourself and others and communicate with others, as well as post reviews of products, establishments, contractors, and the like, or upload content (e.g. pictures, videos, audio files, etc.). Such postings are governed by our Terms of Use. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. Once you have posted information, you may not be able to edit or delete such information.
Children's privacy
Our website is a general audience site, and we do not knowingly collect personal information from children under the age of 13.
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the HomeAdvisor Privacy Policy you may send a written request to Legal Department, HomeAdvisor, Inc., 14023 Denver West Parkway, Suite 100, Golden, CO 80401.
How to contact us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:
Privacy Policy Inquiry HomeAdvisor 14023 Denver West Parkway, Suite 200 Golden, Colorado 80401
[email protected] or [email protected]
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
- When denial of access is required by law
- When granting you access would have an unreasonable impact on other people's privacy;
- To protect our Company's rights and property; or
- Where the request if frivolous or vexatious.
If we deny your request for access to, or refuse a request to correct personal information, we will explain why.
Your California Privacy Rights
If you are a resident of California, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties and the IAC companies for their direct marketing purposes. California law gives you the right to send us a request at a designated address to receive the following information:
- the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year
- the names and addresses of the third parties that received that information; and
- if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed.
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
Linked information:
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Mobile Device IDs: If you're using an app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We do this to store your preferences and track your use of our apps. Unlike cookies, device IDs cannot be deleted. Ad companies use device IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage. We share device IDs with service providers who power certain features, such as voice recognition.
HomeAdvisor has adopted and adheres to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and State laws/regulations
Emailing us at [email protected], or
Calling us at 1-877-800-3177.
Most Do-Not-Call laws allow businesses and other entities to make telephone solicitations to certain consumers regardless if their number may appear on a Do-Not-Call list. Generally, these exceptions apply to (1) businesses with an "Established Business Relationship" with the consumer; (2) a consumer who has specifically consented to allow the business to call them; (3) charitable organizations; and (4) political entities. HomeAdvisor may contact consumers that fall within these exceptions based on information received from each client.
Sources of Personal Information | Purposes for Collection | Categories of Third Parties with whom Personal Information is shared | Purposes of Third Parties Receiving PI | |
Identifiers (e.g. Name, Phone Number, Email Address, I.P. Address, Account Name) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors which assist us in providing services and running our internal business operations (“Vendors”) | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Personal Records (e.g. Name, Phone Number, Email Address) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Consumer Characteristics | Data Enrichment Tools | Delivering services requested by you; marketing | Vendors | Delivering services requested by you; marketing |
Customer Account Details / Commercial Information (e.g. details of service requests) | Directly from you; Data Enrichment Tools; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Internet Usage Information (e.g. information regarding your interaction with our services) | Directly from you; analytics partners; advertising partners | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging measuring advertising efficacy | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Sensory Data (e.g. recordings of customer service calls) | Directly from you | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor services; security; fraud prevention | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; security; fraud prevention |
Inferences from PI Collected (e.g. your preferences, likelihood of interest in certain of our services) | Data Management providers; advertising partners; internal systems | Delivering services requested by you; Measuring advertising efficacy; marketing; improving HomeAdvisor’s services | Vendors | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; quality assurance; improving HomeAdvisor services; security; fraud prevention; marketing; debugging |
- The categories of PI we have collected about you.
- The categories of sources from which we collected your PI.
- The business or commercial purposes for our collecting or selling your PI.
- The categories of third parties to whom we have shared your PI.
- The specific pieces of PI we have collected about you.
- A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
- A list of the categories of PI sold about you in the prior 12 months, or that no sale occurred. If we sold your PI, we will explain:
- The categories of your PI we have sold.
- The categories of third parties to which we sold PI, by categories of PI sold for each third party.
Effective February 13, 2020 to March 25, 2020
DownloadTable of Contents
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy. HomeAdvisor is a part of the IAC/InterActiveCorp family of businesses (www.iac.com), which includes Ask.com, Match.com, UrbanSpoon, and many others.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
- Information you provide. We may collect and store any personal information you enter on our website or provide to us in some other manner. This includes identifying information, such as your name, address, e-mail address, telephone number, credit card information, and other personally identifiable information.
- Information from other sources. We may also periodically obtain both personal and non-personal information about you from other IAC businesses, business partners, contractors and other third parties. Examples of information that we may receive include: updated delivery and address information, purchase history, and additional demographic information.
Use of cookies and other technologies to collect information. We use various technologies to collect information from your computer and about your activities on our site.
- Information collected automatically. We automatically collect information from your browser when you visit our website. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see "Cookies" below), and the referring website address.
- Cookies. When you visit our website, we may assign your computer one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our website.
- Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in promotional or other e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
- Information collected by third-parties. We may allow third-parties, including our authorized service providers, IAC companies, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements. This information allows them to deliver targeted advertisements and gauge their effectiveness. You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads). Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective.
- This site is being monitored by one or more third-party monitoring software(s), and may capture information about your visit that will help us improve the quality of our service. You may opt-out from the data that SmartPiXL is collecting on your visit through a universal consumer options page located at https://smart-pixl.com/Unsub/Unsub.html
- deliver the products and services that you have requested;
- manage your account and provide you with customer support;
- perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
- communicate with you by e-mail, postal mail, telephone and/or mobile devices or send newsletters about products or services that may be of interest to you either from us, our sister IAC companies or other third parties;
- communicate with you with regard to partially completed service requests;
- develop and display content and advertising tailored to your interests on our site and other sites;
- verify your eligibility and deliver prizes in connection with contests and sweepstakes;
- perform background screening, which may include the use of third parties, on Service Professionals;
- enforce our terms and conditions;
- publicly-display comments, ratings and reviews and other content provided by you;
- manage our business; and
- perform functions as otherwise described to you at the time of collection.
Payment and Financial information. For Service Professionals, we may use financial information or payment method to process payment for any purchases made on our website, enroll you in the discount, rebate, and other programs in which you elect to participate, to pre-qualify you for credit card and other offers that you might find of interest, to pre-qualify Service Professionals to participate in our contractor network, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business. For consumers, we may use credit card information to process payment for any payments made on our website.
Mobile Apps
If you install one of our apps on your mobile device, your use of the app is subject to the applicable app license agreement.
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
- Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our website or performing background checks of Service Professionals. We may also release information to collection and/or credit agencies for past due Service Professional accounts. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
- Marketing Affiliates: When you are referred to us via a third party marketing affiliate, we may share your email address, and other information that you provide, to such marketing affiliate.
- Business partners: When you make purchases, reservations or engage in promotions offered through our website or our services, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.
- Service Professionals. We match your information and service request against our list of Service Professionals. When you submit a service request through our website, you consent to our providing your personal information and request to the Service Professionals we match with your request. Sharing this information with Service Professionals allows them to contact you using the e-mail address or other contact information you provided. In addition, we have other approved contractual partners that fulfill service requests, or that utilize their own Service Professionals to supplement our network, and we share your information with them in order to attempt to provide the services requested. If using our services pursuant to a membership with one of our partners, HomeAdvisor may share your service request activity information with such partner.
- Direct mail partners. From time to time we may share our postal mailing list with selected providers of goods and services that may be of interest to you.
- Other IAC businesses. We are part of the IAC family of businesses (go to www.iac.com for a listing of these businesses). We may share information we collect, including personal information, with the IAC companies. Sharing information with our IAC companies enables us to provide you with information about a variety of products and services that might interest you.
- Other Situations. We also may disclose your information:
- In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.
- In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
For Service Professionals, we may share your business contact information with third parties, including but not limited to, business name, address, telephone number, email address and name of owner or proprietor of the business.
Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.
Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties and our IAC sister companies to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
How you can access your information
If you have an online consumer account with us, you have the ability to review and update your personal information online by logging into your account. You can also review and update your personal information by contacting us. More information about how to contact us is provided below.
You can also choose to have your account disabled by contacting [email protected]. After you deactivate your account, you will not be able to sign in to our website or access any of your personal information. However, you can open a new account at any time. If you deactivate your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our web site or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties' policies.
- At any time a consumer user can choose to no longer receive commercial or promotional emails or newsletters from us by accessing your user account and opting out. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them.
- If you prefer not to have us share your postal mailing information with these selected providers of goods and services that may be of interest to you, you can notify us at any time by emailing us at [email protected].
Blogs, bulletin boards, reviews and chat rooms
We may provide areas on our websites where you can post information about yourself and others and communicate with others, as well as post reviews of products, establishments, contractors, and the like, or upload content (e.g. pictures, videos, audio files, etc.). Such postings are governed by our Terms of Use. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. Once you have posted information, you may not be able to edit or delete such information.
Children's privacy
Our website is a general audience site, and we do not knowingly collect personal information from children under the age of 13.
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the HomeAdvisor Privacy Policy you may send a written request to Legal Department, HomeAdvisor, Inc., 14023 Denver West Parkway, Suite 100, Golden, CO 80401.
How to contact us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:
Privacy Policy Inquiry HomeAdvisor 14023 Denver West Parkway, Suite 200 Golden, Colorado 80401
[email protected] or [email protected]
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
- When denial of access is required by law
- When granting you access would have an unreasonable impact on other people's privacy;
- To protect our Company's rights and property; or
- Where the request if frivolous or vexatious.
If we deny your request for access to, or refuse a request to correct personal information, we will explain why.
Your California Privacy Rights
If you are a resident of California, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties and the IAC companies for their direct marketing purposes. California law gives you the right to send us a request at a designated address to receive the following information:
- the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year
- the names and addresses of the third parties that received that information; and
- if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed.
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
Linked information:
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Mobile Device IDs: If you're using an app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We do this to store your preferences and track your use of our apps. Unlike cookies, device IDs cannot be deleted. Ad companies use device IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage. We share device IDs with service providers who power certain features, such as voice recognition.
HomeAdvisor has adopted and adheres to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and State laws/regulations
Emailing us at [email protected], or
Calling us at 1-877-800-3177.
Most Do-Not-Call laws allow businesses and other entities to make telephone solicitations to certain consumers regardless if their number may appear on a Do-Not-Call list. Generally, these exceptions apply to (1) businesses with an "Established Business Relationship" with the consumer; (2) a consumer who has specifically consented to allow the business to call them; (3) charitable organizations; and (4) political entities. HomeAdvisor may contact consumers that fall within these exceptions based on information received from each client.
Sources of Personal Information | Purposes for Collection | Categories of Third Parties with whom Personal Information is shared | Purposes of Third Parties Receiving PI | |
Identifiers (e.g. Name, Phone Number, Email Address, I.P. Address, Account Name) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors which assist us in providing services and running our internal business operations (“Vendors”) | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Personal Records (e.g. Name, Phone Number, Email Address) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Consumer Characteristics | Data Enrichment Tools | Delivering services requested by you; marketing | Vendors | Delivering services requested by you; marketing |
Customer Account Details / Commercial Information (e.g. details of service requests) | Directly from you; Data Enrichment Tools; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Internet Usage Information (e.g. information regarding your interaction with our services) | Directly from you; analytics partners; advertising partners | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging measuring advertising efficacy | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Sensory Data (e.g. recordings of customer service calls) | Directly from you | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor services; security; fraud prevention | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; security; fraud prevention |
Inferences from PI Collected (e.g. your preferences, likelihood of interest in certain of our services) | Data Management providers; advertising partners; internal systems | Delivering services requested by you; Measuring advertising efficacy; marketing; improving HomeAdvisor’s services | Vendors | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; quality assurance; improving HomeAdvisor services; security; fraud prevention; marketing; debugging |
- The categories of PI we have collected about you.
- The categories of sources from which we collected your PI.
- The business or commercial purposes for our collecting or selling your PI.
- The categories of third parties to whom we have shared your PI.
- The specific pieces of PI we have collected about you.
- A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
- A list of the categories of PI sold about you in the prior 12 months, or that no sale occurred. If we sold your PI, we will explain:
- The categories of your PI we have sold.
- The categories of third parties to which we sold PI, by categories of PI sold for each third party.
Effective December 30, 2019 to February 13, 2020
DownloadTable of Contents
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy. HomeAdvisor is a part of the IAC/InterActiveCorp family of businesses (www.iac.com), which includes Ask.com, Match.com, UrbanSpoon, and many others.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
- Information you provide. We may collect and store any personal information you enter on our website or provide to us in some other manner. This includes identifying information, such as your name, address, e-mail address, telephone number, credit card information, and other personally identifiable information.
- Information from other sources. We may also periodically obtain both personal and non-personal information about you from other IAC businesses, business partners, contractors and other third parties. Examples of information that we may receive include: updated delivery and address information, purchase history, and additional demographic information.
Use of cookies and other technologies to collect information. We use various technologies to collect information from your computer and about your activities on our site.
- Information collected automatically. We automatically collect information from your browser when you visit our website. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see "Cookies" below), and the referring website address.
- Cookies. When you visit our website, we may assign your computer one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our website.
- Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in promotional or other e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
- Information collected by third-parties. We may allow third-parties, including our authorized service providers, IAC companies, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements. This information allows them to deliver targeted advertisements and gauge their effectiveness. You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads). Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective.
- This site is being monitored by one or more third-party monitoring software(s), and may capture information about your visit that will help us improve the quality of our service. You may opt-out from the data that SmartPiXL is collecting on your visit through a universal consumer options page located at https://smart-pixl.com/Unsub/Unsub.html
- deliver the products and services that you have requested;
- manage your account and provide you with customer support;
- perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
- communicate with you by e-mail, postal mail, telephone and/or mobile devices or send newsletters about products or services that may be of interest to you either from us, our sister IAC companies or other third parties;
- communicate with you with regard to partially completed service requests;
- develop and display content and advertising tailored to your interests on our site and other sites;
- verify your eligibility and deliver prizes in connection with contests and sweepstakes;
- perform background screening, which may include the use of third parties, on Service Professionals;
- enforce our terms and conditions;
- publicly-display comments, ratings and reviews and other content provided by you;
- manage our business; and
- perform functions as otherwise described to you at the time of collection.
Payment and Financial information. For Service Professionals, we may use financial information or payment method to process payment for any purchases made on our website, enroll you in the discount, rebate, and other programs in which you elect to participate, to pre-qualify you for credit card and other offers that you might find of interest, to pre-qualify Service Professionals to participate in our contractor network, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business. For consumers, we may use credit card information to process payment for any payments made on our website.
Mobile Apps
If you install one of our apps on your mobile device, your use of the app is subject to the applicable app license agreement.
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
- Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our website or performing background checks of Service Professionals. We may also release information to collection and/or credit agencies for past due Service Professional accounts. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
- Marketing Affiliates: When you are referred to us via a third party marketing affiliate, we may share your email address, and other information that you provide, to such marketing affiliate.
- Business partners: When you make purchases, reservations or engage in promotions offered through our website or our services, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.
- Service Professionals. We match your information and service request against our list of Service Professionals. When you submit a service request through our website, you consent to our providing your personal information and request to the Service Professionals we match with your request. Sharing this information with Service Professionals allows them to contact you using the e-mail address or other contact information you provided. In addition, we have other approved contractual partners that fulfill service requests, or that utilize their own Service Professionals to supplement our network, and we share your information with them in order to attempt to provide the services requested. If using our services pursuant to a membership with one of our partners, HomeAdvisor may share your service request activity information with such partner.
- Direct mail partners. From time to time we may share our postal mailing list with selected providers of goods and services that may be of interest to you.
- Other IAC businesses. We are part of the IAC family of businesses (go to www.iac.com for a listing of these businesses). We may share information we collect, including personal information, with the IAC companies. Sharing information with our IAC companies enables us to provide you with information about a variety of products and services that might interest you.
- Other Situations. We also may disclose your information:
- In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.
- In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
For Service Professionals, we may share your business contact information with third parties, including but not limited to, business name, address, telephone number, email address and name of owner or proprietor of the business.
Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.
Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties and our IAC sister companies to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
How you can access your information
If you have an online consumer account with us, you have the ability to review and update your personal information online by logging into your account. You can also review and update your personal information by contacting us. More information about how to contact us is provided below.
You can also choose to have your account disabled by contacting [email protected]. After you deactivate your account, you will not be able to sign in to our website or access any of your personal information. However, you can open a new account at any time. If you deactivate your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our web site or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties' policies.
- At any time a consumer user can choose to no longer receive commercial or promotional emails or newsletters from us by accessing your user account and opting out. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them.
- If you prefer not to have us share your postal mailing information with these selected providers of goods and services that may be of interest to you, you can notify us at any time by emailing us at [email protected].
Blogs, bulletin boards, reviews and chat rooms
We may provide areas on our websites where you can post information about yourself and others and communicate with others, as well as post reviews of products, establishments, contractors, and the like, or upload content (e.g. pictures, videos, audio files, etc.). Such postings are governed by our Terms of Use. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. Once you have posted information, you may not be able to edit or delete such information.
Children's privacy
Our website is a general audience site, and we do not knowingly collect personal information from children under the age of 13.
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the HomeAdvisor Privacy Policy you may send a written request to Legal Department, HomeAdvisor, Inc., 14023 Denver West Parkway, Suite 100, Golden, CO 80401.
How to contact us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:
Privacy Policy Inquiry HomeAdvisor 14023 Denver West Parkway, Suite 200 Golden, Colorado 80401
[email protected] or [email protected]
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
- When denial of access is required by law
- When granting you access would have an unreasonable impact on other people's privacy;
- To protect our Company's rights and property; or
- Where the request if frivolous or vexatious.
If we deny your request for access to, or refuse a request to correct personal information, we will explain why.
Your California Privacy Rights
If you are a resident of California, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties and the IAC companies for their direct marketing purposes. California law gives you the right to send us a request at a designated address to receive the following information:
- the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year
- the names and addresses of the third parties that received that information; and
- if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed.
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
Linked information:
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Mobile Device IDs: If you're using an app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We do this to store your preferences and track your use of our apps. Unlike cookies, device IDs cannot be deleted. Ad companies use device IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage. We share device IDs with service providers who power certain features, such as voice recognition.
HomeAdvisor has adopted and adheres to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and State laws/regulations
Emailing us at [email protected], or
Calling us at 1-877-800-3177.
Most Do-Not-Call laws allow businesses and other entities to make telephone solicitations to certain consumers regardless if their number may appear on a Do-Not-Call list. Generally, these exceptions apply to (1) businesses with an "Established Business Relationship" with the consumer; (2) a consumer who has specifically consented to allow the business to call them; (3) charitable organizations; and (4) political entities. HomeAdvisor may contact consumers that fall within these exceptions based on information received from each client.
Sources of Personal Information | Purposes for Collection | Categories of Third Parties with whom Personal Information is shared | Purposes of Third Parties Receiving PI | |
Identifiers (e.g. Name, Phone Number, Email Address, I.P. Address, Account Name) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors which assist us in providing services and running our internal business operations (“Vendors”) | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Personal Records (e.g. Name, Phone Number, Email Address) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Consumer Characteristics | Data Enrichment Tools | Delivering services requested by you; marketing | Vendors | Delivering services requested by you; marketing |
Customer Account Details / Commercial Information (e.g. details of service requests) | Directly from you; Data Enrichment Tools; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Internet Usage Information (e.g. information regarding your interaction with our services) | Directly from you; analytics partners; advertising partners | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging measuring advertising efficacy | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Sensory Data (e.g. recordings of customer service calls) | Directly from you | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor services; security; fraud prevention | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; security; fraud prevention |
Inferences from PI Collected (e.g. your preferences, likelihood of interest in certain of our services) | Data Management providers; advertising partners; internal systems | Delivering services requested by you; Measuring advertising efficacy; marketing; improving HomeAdvisor’s services | Vendors | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; quality assurance; improving HomeAdvisor services; security; fraud prevention; marketing; debugging |
- The categories of PI we have collected about you.
- The categories of sources from which we collected your PI.
- The business or commercial purposes for our collecting or selling your PI.
- The categories of third parties to whom we have shared your PI.
- The specific pieces of PI we have collected about you.
- A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
- A list of the categories of PI sold about you in the prior 12 months, or that no sale occurred. If we sold your PI, we will explain:
- The categories of your PI we have sold.
- The categories of third parties to which we sold PI, by categories of PI sold for each third party.
Effective December 13, 2019 to December 30, 2019
DownloadTable of Contents
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy. HomeAdvisor is a part of the IAC/InterActiveCorp family of businesses (www.iac.com), which includes Ask.com, Match.com, UrbanSpoon, and many others.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
- Information you provide. We may collect and store any personal information you enter on our website or provide to us in some other manner. This includes identifying information, such as your name, address, e-mail address, telephone number, credit card information, and other personally identifiable information.
- Information from other sources. We may also periodically obtain both personal and non-personal information about you from other IAC businesses, business partners, contractors and other third parties. Examples of information that we may receive include: updated delivery and address information, purchase history, and additional demographic information.
Use of cookies and other technologies to collect information. We use various technologies to collect information from your computer and about your activities on our site.
- Information collected automatically. We automatically collect information from your browser when you visit our website. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see "Cookies" below), and the referring website address.
- Cookies. When you visit our website, we may assign your computer one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our website.
- Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in promotional or other e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
- Information collected by third-parties. We may allow third-parties, including our authorized service providers, IAC companies, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements. This information allows them to deliver targeted advertisements and gauge their effectiveness. You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads). Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective.
- This site is being monitored by one or more third-party monitoring software(s), and may capture information about your visit that will help us improve the quality of our service. You may opt-out from the data that SmartPiXL is collecting on your visit through a universal consumer options page located at https://smart-pixl.com/Unsub/Unsub.html
- deliver the products and services that you have requested;
- manage your account and provide you with customer support;
- perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
- communicate with you by e-mail, postal mail, telephone and/or mobile devices or send newsletters about products or services that may be of interest to you either from us, our sister IAC companies or other third parties;
- communicate with you with regard to partially completed service requests;
- develop and display content and advertising tailored to your interests on our site and other sites;
- verify your eligibility and deliver prizes in connection with contests and sweepstakes;
- perform background screening, which may include the use of third parties, on Service Professionals;
- enforce our terms and conditions;
- publicly-display comments, ratings and reviews and other content provided by you;
- manage our business; and
- perform functions as otherwise described to you at the time of collection.
Payment and Financial information. For Service Professionals, we may use financial information or payment method to process payment for any purchases made on our website, enroll you in the discount, rebate, and other programs in which you elect to participate, to pre-qualify you for credit card and other offers that you might find of interest, to pre-qualify Service Professionals to participate in our contractor network, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business. For consumers, we may use credit card information to process payment for any payments made on our website.
Mobile Apps
If you install one of our apps on your mobile device, your use of the app is subject to the applicable app license agreement.
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
- Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our website or performing background checks of Service Professionals. We may also release information to collection and/or credit agencies for past due Service Professional accounts. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
- Marketing Affiliates: When you are referred to us via a third party marketing affiliate, we may share your email address, and other information that you provide, to such marketing affiliate.
- Business partners: When you make purchases, reservations or engage in promotions offered through our website or our services, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.
- Service Professionals. We match your information and service request against our list of Service Professionals. When you submit a service request through our website, you consent to our providing your personal information and request to the Service Professionals we match with your request. Sharing this information with Service Professionals allows them to contact you using the e-mail address or other contact information you provided. In addition, we have other approved contractual partners that fulfill service requests, or that utilize their own Service Professionals to supplement our network, and we share your information with them in order to attempt to provide the services requested. If using our services pursuant to a membership with one of our partners, HomeAdvisor may share your service request activity information with such partner.
- Direct mail partners. From time to time we may share our postal mailing list with selected providers of goods and services that may be of interest to you.
- Other IAC businesses. We are part of the IAC family of businesses (go to www.iac.com for a listing of these businesses). We may share information we collect, including personal information, with the IAC companies. Sharing information with our IAC companies enables us to provide you with information about a variety of products and services that might interest you.
- Other Situations. We also may disclose your information:
- In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.
- In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
For Service Professionals, we may share your business contact information with third parties, including but not limited to, business name, address, telephone number, email address and name of owner or proprietor of the business.
Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.
Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties and our IAC sister companies to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
How you can access your information
If you have an online consumer account with us, you have the ability to review and update your personal information online by logging into your account. You can also review and update your personal information by contacting us. More information about how to contact us is provided below.
You can also choose to have your account disabled by contacting [email protected]. After you deactivate your account, you will not be able to sign in to our website or access any of your personal information. However, you can open a new account at any time. If you deactivate your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our web site or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties' policies.
- At any time a consumer user can choose to no longer receive commercial or promotional emails or newsletters from us by accessing your user account and opting out. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them.
- If you prefer not to have us share your postal mailing information with these selected providers of goods and services that may be of interest to you, you can notify us at any time by emailing us at [email protected].
Blogs, bulletin boards, reviews and chat rooms
We may provide areas on our websites where you can post information about yourself and others and communicate with others, as well as post reviews of products, establishments, contractors, and the like, or upload content (e.g. pictures, videos, audio files, etc.). Such postings are governed by our Terms of Use. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. Once you have posted information, you may not be able to edit or delete such information.
Children's privacy
Our website is a general audience site, and we do not knowingly collect personal information from children under the age of 13.
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the HomeAdvisor Privacy Policy you may send a written request to Legal Department, HomeAdvisor, Inc., 14023 Denver West Parkway, Suite 100, Golden, CO 80401.
How to contact us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:
Privacy Policy Inquiry HomeAdvisor 14023 Denver West Parkway, Suite 200 Golden, Colorado 80401
[email protected] or [email protected]
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
- When denial of access is required by law
- When granting you access would have an unreasonable impact on other people's privacy;
- To protect our Company's rights and property; or
- Where the request if frivolous or vexatious.
If we deny your request for access to, or refuse a request to correct personal information, we will explain why.
Your California Privacy Rights
If you are a resident of California, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties and the IAC companies for their direct marketing purposes. California law gives you the right to send us a request at a designated address to receive the following information:
- the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year
- the names and addresses of the third parties that received that information; and
- if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed.
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
Linked information:
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Mobile Device IDs: If you're using an app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We do this to store your preferences and track your use of our apps. Unlike cookies, device IDs cannot be deleted. Ad companies use device IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage. We share device IDs with service providers who power certain features, such as voice recognition.
HomeAdvisor has adopted and adheres to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and State laws/regulations
Emailing us at [email protected], or
Calling us at 1-877-800-3177.
Most Do-Not-Call laws allow businesses and other entities to make telephone solicitations to certain consumers regardless if their number may appear on a Do-Not-Call list. Generally, these exceptions apply to (1) businesses with an "Established Business Relationship" with the consumer; (2) a consumer who has specifically consented to allow the business to call them; (3) charitable organizations; and (4) political entities. HomeAdvisor may contact consumers that fall within these exceptions based on information received from each client.
Sources of Personal Information | Purposes for Collection | Categories of Third Parties with whom Personal Information is shared | Purposes of Third Parties Receiving PI | |
Identifiers (e.g. Name, Phone Number, Email Address, I.P. Address, Account Name) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors which assist us in providing services and running our internal business operations (“Vendors”) | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Personal Records (e.g. Name, Phone Number, Email Address) | Directly from you; authentication partners; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Consumer Characteristics | Data Enrichment Tools | Delivering services requested by you; marketing | Vendors | Delivering services requested by you; marketing |
Customer Account Details / Commercial Information (e.g. details of service requests) | Directly from you; Data Enrichment Tools; Payment Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging | HomeAdvisor affiliates; Service Professionals; Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Internet Usage Information (e.g. information regarding your interaction with our services) | Directly from you; analytics partners; advertising partners | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging measuring advertising efficacy | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor’s services; security; fraud prevention; marketing; debugging |
Sensory Data (e.g. recordings of customer service calls) | Directly from you | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving HomeAdvisor services; security; fraud prevention | Vendors | Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; security; fraud prevention |
Inferences from PI Collected (e.g. your preferences, likelihood of interest in certain of our services) | Data Management providers; advertising partners; internal systems | Delivering services requested by you; Measuring advertising efficacy; marketing; improving HomeAdvisor’s services | Vendors | Performing services on behalf of HomeAdvisor; processing and managing interactions and transactions; quality assurance; improving HomeAdvisor services; security; fraud prevention; marketing; debugging |
- The categories of PI we have collected about you.
- The categories of sources from which we collected your PI.
- The business or commercial purposes for our collecting or selling your PI.
- The categories of third parties to whom we have shared your PI.
- The specific pieces of PI we have collected about you.
- A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
- A list of the categories of PI sold about you in the prior 12 months, or that no sale occurred. If we sold your PI, we will explain:
- The categories of your PI we have sold.
- The categories of third parties to which we sold PI, by categories of PI sold for each third party.
Effective November 21, 2019 to December 13, 2019
DownloadTable of Contents
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy. HomeAdvisor is a part of the IAC/InterActiveCorp family of businesses (www.iac.com), which includes Ask.com, Match.com, UrbanSpoon, and many others.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
- Information you provide. We may collect and store any personal information you enter on our website or provide to us in some other manner. This includes identifying information, such as your name, address, e-mail address, telephone number, credit card information, and other personally identifiable information.
- Information from other sources. We may also periodically obtain both personal and non-personal information about you from other IAC businesses, business partners, contractors and other third parties. Examples of information that we may receive include: updated delivery and address information, purchase history, and additional demographic information.
Use of cookies and other technologies to collect information. We use various technologies to collect information from your computer and about your activities on our site.
- Information collected automatically. We automatically collect information from your browser when you visit our website. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see "Cookies" below), and the referring website address.
- Cookies. When you visit our website, we may assign your computer one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our website.
- Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in promotional or other e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
- Information collected by third-parties. We may allow third-parties, including our authorized service providers, IAC companies, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements. This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies (www.networkadvertising.org).
- This site is being monitored by one or more third-party monitoring software(s), and may capture information about your visit that will help us improve the quality of our service. You may opt-out from the data that SmartPiXL is collecting on your visit through a universal consumer options page located at https://smart-pixl.com/Unsub/Unsub.html
- deliver the products and services that you have requested;
- manage your account and provide you with customer support;
- perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
- communicate with you by e-mail, postal mail, telephone and/or mobile devices or send newsletters about products or services that may be of interest to you either from us, our sister IAC companies or other third parties;
- communicate with you with regard to partially completed service requests;
- develop and display content and advertising tailored to your interests on our site and other sites;
- verify your eligibility and deliver prizes in connection with contests and sweepstakes;
- perform background screening, which may include the use of third parties, on Service Professionals;
- enforce our terms and conditions;
- publicly-display comments, ratings and reviews and other content provided by you;
- manage our business; and
- perform functions as otherwise described to you at the time of collection.
Payment and Financial information. For Service Professionals, we may use financial information or payment method to process payment for any purchases made on our website, enroll you in the discount, rebate, and other programs in which you elect to participate, to pre-qualify you for credit card and other offers that you might find of interest, to pre-qualify Service Professionals to participate in our contractor network, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business. For consumers, we may use credit card information to process payment for any payments made on our website.
Mobile Apps
If you install one of our apps on your mobile device, your use of the app is subject to the applicable app license agreement.
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
- Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our website or performing background checks of Service Professionals. We may also release information to collection and/or credit agencies for past due Service Professional accounts. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
- Marketing Affiliates: When you are referred to us via a third party marketing affiliate, we may share your email address, and other information that you provide, to such marketing affiliate.
- Business partners: When you make purchases, reservations or engage in promotions offered through our website or our services, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.
- Service Professionals. We match your information and service request against our list of Service Professionals. When you submit a service request through our website, you consent to our providing your personal information and request to the Service Professionals we match with your request. Sharing this information with Service Professionals allows them to contact you using the e-mail address or other contact information you provided. In addition, we have other approved contractual partners that fulfill service requests, or that utilize their own Service Professionals to supplement our network, and we share your information with them in order to attempt to provide the services requested. If using our services pursuant to a membership with one of our partners, HomeAdvisor may share your service request activity information with such partner.
- Direct mail partners. From time to time we may share our postal mailing list with selected providers of goods and services that may be of interest to you.
- Other IAC businesses. We are part of the IAC family of businesses (go to www.iac.com for a listing of these businesses). We may share information we collect, including personal information, with the IAC companies. Sharing information with our IAC companies enables us to provide you with information about a variety of products and services that might interest you.
- Other Situations. We also may disclose your information:
- In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.
- In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
For Service Professionals, we may share your business contact information with third parties, including but not limited to, business name, address, telephone number, email address and name of owner or proprietor of the business.
Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.
Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties and our IAC sister companies to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
How you can access your information
If you have an online consumer account with us, you have the ability to review and update your personal information online by logging into your account. You can also review and update your personal information by contacting us. More information about how to contact us is provided below.
You can also choose to have your account disabled by contacting [email protected]. After you deactivate your account, you will not be able to sign in to our website or access any of your personal information. However, you can open a new account at any time. If you deactivate your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our web site or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties' policies.
- At any time a consumer user can choose to no longer receive commercial or promotional emails or newsletters from us by accessing your user account and opting out. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them.
- If you prefer not to have us share your postal mailing information with these selected providers of goods and services that may be of interest to you, you can notify us at any time by emailing us at [email protected].
Blogs, bulletin boards, reviews and chat rooms
We may provide areas on our websites where you can post information about yourself and others and communicate with others, as well as post reviews of products, establishments, contractors, and the like, or upload content (e.g. pictures, videos, audio files, etc.). Such postings are governed by our Terms of Use. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. Once you have posted information, you may not be able to edit or delete such information.
Children's privacy
Our website is a general audience site, and we do not knowingly collect personal information from children under the age of 13.
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the HomeAdvisor Privacy Policy you may send a written request to Legal Department, HomeAdvisor, Inc., 14023 Denver West Parkway, Suite 100, Golden, CO 80401.
How to contact us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:
Privacy Policy Inquiry HomeAdvisor 14023 Denver West Parkway, Suite 200 Golden, Colorado 80401
[email protected] or [email protected]
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
- When denial of access is required by law
- When granting you access would have an unreasonable impact on other people's privacy;
- To protect our Company's rights and property; or
- Where the request if frivolous or vexatious.
If we deny your request for access to, or refuse a request to correct personal information, we will explain why.
Your California Privacy Rights
If you are a resident of California, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties and the IAC companies for their direct marketing purposes. California law gives you the right to send us a request at a designated address to receive the following information:
- the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year
- the names and addresses of the third parties that received that information; and
- if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed.
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
Linked information:
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Mobile Device IDs: If you're using an app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We do this to store your preferences and track your use of our apps. Unlike cookies, device IDs cannot be deleted. Ad companies use device IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage. We share device IDs with service providers who power certain features, such as voice recognition.
HomeAdvisor has adopted and adheres to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and State laws/regulations
Emailing us at [email protected], or
Calling us at 1-877-800-3177.
Most Do-Not-Call laws allow businesses and other entities to make telephone solicitations to certain consumers regardless if their number may appear on a Do-Not-Call list. Generally, these exceptions apply to (1) businesses with an "Established Business Relationship" with the consumer; (2) a consumer who has specifically consented to allow the business to call them; (3) charitable organizations; and (4) political entities. HomeAdvisor may contact consumers that fall within these exceptions based on information received from each client.
Effective October 8, 2019 to November 21, 2019
DownloadTable of Contents
HomeAdvisor respects the privacy of our users and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. This Privacy Policy is intended to describe for you, as an individual who is a user of www.homeadvisor.com (and all websites and URL's controlled or operated by HomeAdvisor, Inc. which link to this policy, unless otherwise specified) or our services, or otherwise provide us with information through various means the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures.
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy. HomeAdvisor is a part of the IAC/InterActiveCorp family of businesses (www.iac.com), which includes Ask.com, Match.com, UrbanSpoon, and many others.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
- Information you provide. We may collect and store any personal information you enter on our website or provide to us in some other manner. This includes identifying information, such as your name, address, e-mail address, telephone number, credit card information, and other personally identifiable information.
- Information from other sources. We may also periodically obtain both personal and non-personal information about you from other IAC businesses, business partners, contractors and other third parties. Examples of information that we may receive include: updated delivery and address information, purchase history, and additional demographic information.
Use of cookies and other technologies to collect information. We use various technologies to collect information from your computer and about your activities on our site.
- Information collected automatically. We automatically collect information from your browser when you visit our website. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see "Cookies" below), and the referring website address.
- Cookies. When you visit our website, we may assign your computer one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our website.
- Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in promotional or other e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
- Information collected by third-parties. We may allow third-parties, including our authorized service providers, IAC companies, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements. This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies (www.networkadvertising.org).
- This site is being monitored by one or more third-party monitoring software(s), and may capture information about your visit that will help us improve the quality of our service. You may opt-out from the data that SmartPiXL is collecting on your visit through a universal consumer options page located at https://smart-pixl.com/Unsub/Unsub.html
- deliver the products and services that you have requested;
- manage your account and provide you with customer support;
- perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
- communicate with you by e-mail, postal mail, telephone and/or mobile devices or send newsletters about products or services that may be of interest to you either from us, our sister IAC companies or other third parties;
- communicate with you with regard to partially completed service requests;
- develop and display content and advertising tailored to your interests on our site and other sites;
- verify your eligibility and deliver prizes in connection with contests and sweepstakes;
- perform background screening, which may include the use of third parties, on Service Professionals;
- enforce our terms and conditions;
- publicly-display comments, ratings and reviews and other content provided by you;
- manage our business; and
- perform functions as otherwise described to you at the time of collection.
Payment and Financial information. For Service Professionals, we may use financial information or payment method to process payment for any purchases made on our website, enroll you in the discount, rebate, and other programs in which you elect to participate, to pre-qualify you for credit card and other offers that you might find of interest, to pre-qualify Service Professionals to participate in our contractor network, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business. For consumers, we may use credit card information to process payment for any payments made on our website.
Mobile Apps
If you install one of our apps on your mobile device, your use of the app is subject to the applicable app license agreement.
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
- Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our website or performing background checks of Service Professionals. We may also release information to collection and/or credit agencies for past due Service Professional accounts. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
- Marketing Affiliates: When you are referred to us via a third party marketing affiliate, we may share your email address, and other information that you provide, to such marketing affiliate.
- Business partners: When you make purchases, reservations or engage in promotions offered through our website or our services, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.
- Service Professionals. We match your information and service request against our list of Service Professionals. When you submit a service request through our website, you consent to our providing your personal information and request to the Service Professionals we match with your request. Sharing this information with Service Professionals allows them to contact you using the e-mail address or other contact information you provided. In addition, we have other approved contractual partners that fulfill service requests, or that utilize their own Service Professionals to supplement our network, and we share your information with them in order to attempt to provide the services requested. If using our services pursuant to a membership with one of our partners, HomeAdvisor may share your service request activity information with such partner.
- Direct mail partners. From time to time we may share our postal mailing list with selected providers of goods and services that may be of interest to you.
- Other IAC businesses. We are part of the IAC family of businesses (go to www.iac.com for a listing of these businesses). We may share information we collect, including personal information, with the IAC companies. Sharing information with our IAC companies enables us to provide you with information about a variety of products and services that might interest you.
- Other Situations. We also may disclose your information:
- In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.
- In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
For Service Professionals, we may share your business contact information with third parties, including but not limited to, business name, address, telephone number, email address and name of owner or proprietor of the business.
Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.
Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties and our IAC sister companies to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
How you can access your information
If you have an online consumer account with us, you have the ability to review and update your personal information online by logging into your account. You can also review and update your personal information by contacting us. More information about how to contact us is provided below.
You can also choose to have your account disabled by contacting [email protected]. After you deactivate your account, you will not be able to sign in to our website or access any of your personal information. However, you can open a new account at any time. If you deactivate your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our web site or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties' policies.
- At any time a consumer user can choose to no longer receive commercial or promotional emails or newsletters from us by accessing your user account and opting out. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them.
- If you prefer not to have us share your postal mailing information with these selected providers of goods and services that may be of interest to you, you can notify us at any time by emailing us at [email protected].
Blogs, bulletin boards, reviews and chat rooms
We may provide areas on our websites where you can post information about yourself and others and communicate with others, as well as post reviews of products, establishments, contractors, and the like, or upload content (e.g. pictures, videos, audio files, etc.). Such postings are governed by our Terms of Use. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. Once you have posted information, you may not be able to edit or delete such information.
Children's privacy
Our website is a general audience site, and we do not knowingly collect personal information from children under the age of 13.
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the HomeAdvisor Privacy Policy you may send a written request to Legal Department, HomeAdvisor, Inc., 14023 Denver West Parkway, Suite 100, Golden, CO 80401.
How to contact us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:
Privacy Policy Inquiry HomeAdvisor 14023 Denver West Parkway, Suite 200 Golden, Colorado 80401
[email protected] or [email protected]
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
- When denial of access is required by law
- When granting you access would have an unreasonable impact on other people's privacy;
- To protect our Company's rights and property; or
- Where the request if frivolous or vexatious.
If we deny your request for access to, or refuse a request to correct personal information, we will explain why.
Your California Privacy Rights
If you are a resident of California, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties and the IAC companies for their direct marketing purposes. California law gives you the right to send us a request at a designated address to receive the following information:
- the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year
- the names and addresses of the third parties that received that information; and
- if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed.
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
Linked information:
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Mobile Device IDs: If you're using an app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We do this to store your preferences and track your use of our apps. Unlike cookies, device IDs cannot be deleted. Ad companies use device IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage. We share device IDs with service providers who power certain features, such as voice recognition.
HomeAdvisor has adopted and adheres to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and State laws/regulations
Emailing us at [email protected], or
Calling us at 1-877-800-3177.
Most Do-Not-Call laws allow businesses and other entities to make telephone solicitations to certain consumers regardless if their number may appear on a Do-Not-Call list. Generally, these exceptions apply to (1) businesses with an "Established Business Relationship" with the consumer; (2) a consumer who has specifically consented to allow the business to call them; (3) charitable organizations; and (4) political entities. HomeAdvisor may contact consumers that fall within these exceptions based on information received from each client.
Effective October 8, 2019 to October 8, 2019
DownloadTable of Contents
HomeAdvisor respects the privacy of our users and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. This Privacy Policy is intended to describe for you, as an individual who is a user of www.homeadvisor.com (and all websites and URL's controlled or operated by HomeAdvisor, Inc. which link to this policy, unless otherwise specified) or our services, or otherwise provide us with information through various means the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures.
We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy. HomeAdvisor is a part of the IAC/InterActiveCorp family of businesses (www.iac.com), which includes Ask.com, Match.com, UrbanSpoon, and many others.
If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.
In General. We may collect personal information that can identify you such as your name and email address and other information that does not identify you. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries around the world.
- Information you provide. We may collect and store any personal information you enter on our website or provide to us in some other manner. This includes identifying information, such as your name, address, e-mail address, telephone number, credit card information, and other personally identifiable information.
- Information from other sources. We may also periodically obtain both personal and non-personal information about you from other IAC businesses, business partners, contractors and other third parties. Examples of information that we may receive include: updated delivery and address information, purchase history, and additional demographic information.
Use of cookies and other technologies to collect information. We use various technologies to collect information from your computer and about your activities on our site.
- Information collected automatically. We automatically collect information from your browser when you visit our website. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us (see "Cookies" below), and the referring website address.
- Cookies. When you visit our website, we may assign your computer one or more cookies, to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on our website.
- Other Technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of our site. We also may include web beacons in promotional or other e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
- Information collected by third-parties. We may allow third-parties, including our authorized service providers, IAC companies, advertising companies, and ad networks, to display advertisements on our site. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements. This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies (www.networkadvertising.org).
- This site is being monitored by one or more third-party monitoring software(s), and may capture information about your visit that will help us improve the quality of our service. You may opt-out from the data that SmartPiXL is collecting on your visit through a universal consumer options page located at https://smart-pixl.com/Unsub/Unsub.html
- deliver the products and services that you have requested;
- manage your account and provide you with customer support;
- perform research and analysis about your use of, or interest in, our products, services, or content, or products, services or content offered by others;
- communicate with you by e-mail, postal mail, telephone and/or mobile devices or send newsletters about products or services that may be of interest to you either from us, our sister IAC companies or other third parties;
- communicate with you with regard to partially completed service requests;
- develop and display content and advertising tailored to your interests on our site and other sites;
- verify your eligibility and deliver prizes in connection with contests and sweepstakes;
- perform background screening, which may include the use of third parties, on Service Professionals;
- enforce our terms and conditions;
- publicly-display comments, ratings and reviews and other content provided by you;
- manage our business; and
- perform functions as otherwise described to you at the time of collection.
Payment and Financial information. For Service Professionals, we may use financial information or payment method to process payment for any purchases made on our website, enroll you in the discount, rebate, and other programs in which you elect to participate, to pre-qualify you for credit card and other offers that you might find of interest, to pre-qualify Service Professionals to participate in our contractor network, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business. For consumers, we may use credit card information to process payment for any payments made on our website.
Mobile Apps
If you install one of our apps on your mobile device, your use of the app is subject to the applicable app license agreement.
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services.
Personal information. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
- Authorized service providers: We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our website or performing background checks of Service Professionals. We may also release information to collection and/or credit agencies for past due Service Professional accounts. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
- Marketing Affiliates: When you are referred to us via a third party marketing affiliate, we may share your email address, and other information that you provide, to such marketing affiliate.
- Business partners: When you make purchases, reservations or engage in promotions offered through our website or our services, we may share personal information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other information to that merchant.
- Service Professionals. We match your information and service request against our list of Service Professionals. When you submit a service request through our website, you consent to our providing your personal information and request to the Service Professionals we match with your request. Sharing this information with Service Professionals allows them to contact you using the e-mail address or other contact information you provided. In addition, we have other approved contractual partners that fulfill service requests, or that utilize their own Service Professionals to supplement our network, and we share your information with them in order to attempt to provide the services requested. If using our services pursuant to a membership with one of our partners, HomeAdvisor may share your service request activity information with such partner.
- Direct mail partners. From time to time we may share our postal mailing list with selected providers of goods and services that may be of interest to you.
- Other IAC businesses. We are part of the IAC family of businesses (go to www.iac.com for a listing of these businesses). We may share information we collect, including personal information, with the IAC companies. Sharing information with our IAC companies enables us to provide you with information about a variety of products and services that might interest you.
- Other Situations. We also may disclose your information:
- In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.
- In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
For Service Professionals, we may share your business contact information with third parties, including but not limited to, business name, address, telephone number, email address and name of owner or proprietor of the business.
Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.
Aggregated and non-personal information. We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties and our IAC sister companies to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features or services accessed. This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
How you can access your information
If you have an online consumer account with us, you have the ability to review and update your personal information online by logging into your account. You can also review and update your personal information by contacting us. More information about how to contact us is provided below.
You can also choose to have your account disabled by contacting [email protected]. After you deactivate your account, you will not be able to sign in to our website or access any of your personal information. However, you can open a new account at any time. If you deactivate your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our web site or our users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Privacy Policy, retention of that information will be subject to those third parties' policies.
- At any time a consumer user can choose to no longer receive commercial or promotional emails or newsletters from us by accessing your user account and opting out. You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them.
- If you prefer not to have us share your postal mailing information with these selected providers of goods and services that may be of interest to you, you can notify us at any time by emailing us at [email protected].
Blogs, bulletin boards, reviews and chat rooms
We may provide areas on our websites where you can post information about yourself and others and communicate with others, as well as post reviews of products, establishments, contractors, and the like, or upload content (e.g. pictures, videos, audio files, etc.). Such postings are governed by our Terms of Use. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting. Also, whenever you voluntarily disclose personal information on publicly-viewable web pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. Once you have posted information, you may not be able to edit or delete such information.
Children's privacy
Our website is a general audience site, and we do not knowingly collect personal information from children under the age of 13.
No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.
Changes to this Privacy Policy
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the "last updated" date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the updated policy on our website, with a link denoting that the policy has been updated. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. To see the prior version of the HomeAdvisor Privacy Policy you may send a written request to Legal Department, HomeAdvisor, Inc., 14023 Denver West Parkway, Suite 100, Golden, CO 80401.
How to contact us
If you have any questions about this Privacy Policy or our information-handling practices, or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by e-mail or postal mail as follows:
Privacy Policy Inquiry HomeAdvisor 14023 Denver West Parkway, Suite 200 Golden, Colorado 80401
[email protected] or [email protected]
For our Canadian users:
Your rights to access your personal information are not absolute. We may deny access:
- When denial of access is required by law
- When granting you access would have an unreasonable impact on other people's privacy;
- To protect our Company's rights and property; or
- Where the request if frivolous or vexatious.
If we deny your request for access to, or refuse a request to correct personal information, we will explain why.
Your California Privacy Rights
If you are a resident of California, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties and the IAC companies for their direct marketing purposes. California law gives you the right to send us a request at a designated address to receive the following information:
- the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year
- the names and addresses of the third parties that received that information; and
- if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed.
Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to [email protected] to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.
Linked information:
Cookies:
A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
For example, when you sign in to our website, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file, if you indicated that you would like your password saved for automatic sign-in. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising.
You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Web Beacons:
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.
Mobile Device IDs: If you're using an app, we use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We do this to store your preferences and track your use of our apps. Unlike cookies, device IDs cannot be deleted. Ad companies use device IDs to track your use of the app, track the number of ads displayed, measure ad performance and display ads that are more relevant to you. Analytics companies use device IDs to track information about app usage. We share device IDs with service providers who power certain features, such as voice recognition.
HomeAdvisor has adopted and adheres to policies that comply with applicable Federal Trade Commission, Federal Communications Commission and State laws/regulations
Emailing us at [email protected], or
Calling us at 1-877-800-3177.
Most Do-Not-Call laws allow businesses and other entities to make telephone solicitations to certain consumers regardless if their number may appear on a Do-Not-Call list. Generally, these exceptions apply to (1) businesses with an "Established Business Relationship" with the consumer; (2) a consumer who has specifically consented to allow the business to call them; (3) charitable organizations; and (4) political entities. HomeAdvisor may contact consumers that fall within these exceptions based on information received from each client.
Terms & Conditions
Effective September 9, 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, 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 are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings 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. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. 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 employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. 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. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, 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.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. 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 claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties 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 or non-personal purposes, including but not limited to activities such as hacking, scraping content, 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAY
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use HomeAdvisor Pay to pay your Service Professional but did not book your home service through HomeAdvisor, you will not be eligible for the HomeAdvisor Happiness Guarantee. By using HomeAdvisor Pay even where you were not previously a HomeAdvisor member, you are agreeing to HomeAdvisor’s terms and conditions.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of HomeAdvisor Pay at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through HomeAdvisor Pay are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through HomeAdvisor Pay are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through HomeAdvisor Pay is declined or returned by the payment network.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through HomeAdvisor Pay. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use HomeAdvisor Pay to pay your Service Professional but did not book your home service through HomeAdvisor, you will not be eligible for the HomeAdvisor Happiness Guarantee. By using HomeAdvisor Pay even where you were not previously a HomeAdvisor member, you are agreeing to HomeAdvisor’s terms and conditions.
- HOMEADVISOR SAVINGS MEMBERSHIP.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services and other HomeAdvisor services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period.
- LIMITATIONS ON HOMEADVISOR SAVINGS MEMBERSHIP: For non Fixed Price Services, your discount is capped at $35 per service and must be requested via HomeAdvisor and paid for via HomeAdvisor Pay.
- REFERRAL DISCOUNTS. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App (you must download the HomeAdvisor App to use HomeAdvisor Pay and redeem your discount). HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- HOME INSPECTION PROGRAM. You may be offered the opportunity to participate in our Home Inspection program, in which, upon your request, HomeAdvisor will send a home inspection Service Professional to your house so that the home inspection Service Professional can produce a report on the health of your home. HomeAdvisor will then suggest service requests for you to submit to remedy any issues found. You acknowledge and agree that the home health report will be the exclusive property of HomeAdvisor, and that the report may be shared with HomeAdvisor Service Professionals in order to complete your service requests. HomeAdvisor makes no warranties or representations as to the quality or accuracy of the report, and this report should not substitute for an official home inspection should you choose to sell your house.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, 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 website or apps. Some of this information will be sent to Service Professionals, including Home Depot and Empire Today, who will need this information to respond to your request. 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, including Home Depot and Empire Today, via phone, fax, email, mail, text (SMS) messaging, push notifications, 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, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. 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 HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that 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 HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE PROFESSIONALS, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
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 HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, 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 HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") 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. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE).
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor 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 HomeAdvisor 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: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING 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. - HOMEADVISOR HAPPINESS GUARANTEEa. Definitions1) “HomeAdvisor Platform” means HomeAdvisor’s website, HomeAdvisor’s mobile app, or over the phone with a HomeAdvisor representative.2) “Qualifying Service” means a service performed by a Service Professional matched to you by HomeAdvisor and which you fully paid for through the HomeAdvisor Platform.b. HomeAdvisor Happiness Guarantee1) The HomeAdvisor Happiness Guarantee provides certain limited protections provided by HomeAdvisor for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, HomeAdvisor will either (a) have the Qualifying Service reperformed by the same or a different Service Professional; or (b) compensate you: (1) the amount you paid though the HomeAdvisor Platform for the Qualifying Service; plus (2) the amount of damage that can be proven by you, in HomeAdvisor’s sole determination, was directly caused by such Qualifying Service. In no event shall HomeAdvisor’s liability under the HomeAdvisor Happiness Guarantee exceed Five Hundred Thousand Dollars ($500,000.00) per incident.2) A note about exclusions: Please note that you may purchase services through HomeAdvisor that have fixed, upfront prices, or you may purchase services through HomeAdvisor that are later negotiated with the Service Professional. The applicable exclusions of the HomeAdvisor Happiness Guarantee are different depending upon whether or not you paid a fixed, upfront price for the Qualifying Service. See Subsections (e) and (f) for details.c. Eligibility—You are eligible for the HomeAdvisor Service Guarantee provided that you report the issue within ninety (90) days after you made the last payment toward the Qualifying Service by contacting HomeAdvisor by phone at (866) 786-8474, by email at [email protected], or by online chat and providing all of the requested information about your issue. If you do not report the issue within ninety (90) days after you made the last payment toward the Qualifying Service, your claim is ineligible for the HomeAdvisor Happiness Guarantee. For recurring services, each time the Qualifying Service was performed is treated as a separate incident.d. Insurance—If you or the Service Professional carry insurance that would cover you in the event of a claim (e.g., when a fire occurs), such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), you agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance, and only as permitted herein.e. Exclusions For Fixed-Priced Services—If you purchased a Qualifying Service that had an upfront, fixed price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) Professional Services that are requested through Home Improvement Referrals;2) Any Professional Service that is not booked and paid for directly on the HomeAdvisor Platform;3) Merchandise;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from the acts or omissions of you or third party;8) losses arising from the negligence or misconduct of a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);12) losses arising from flooding and/or water damage including mold, fungi or bacteria;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards and securities;15) losses as a result of an intentional wrongful act by a Service Professional;16) losses arising from normal wear and tear;17) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);18) losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;19) losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);20) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;21) losses based on sentimental and/or undocumented intangible value;22) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;23) losses related to repairs outside of the area where the Professional Services were performed;24) losses of pets, personal liability or damage to shared or common areas;25) losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;26) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;27) losses occurring after, or unrelated to, the performance of a Qualifying Service;28) losses involving products or services, or uses of either, that are prohibited by law;29) losses due to unforeseeable or latent defects in the premises;30) losses related to services not explicitly booked through the HomeAdvisor Platform; and31) losses reported by third parties.f. Exclusions For Non-Fixed-Priced Services—If you purchased a Qualifying Service that did not have an upfront, fixed-price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) you have violated this Agreement or any other HomeAdvisor Agreement;2) you failed to report the issue within ninety (90) days after you made the last payment toward the Qualifying Service;3) any service that is not both booked and fully paid for directly on the HomeAdvisor Platform;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from your acts or omissions;8) losses arising from the negligence or misconduct of you or a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);12) losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards, and securities;15) losses arising from normal wear and tear;16) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);17) losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;18) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;19) losses based on sentimental and/or undocumented intangible value;20) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;21) losses of pets, personal liability or damage to shared or common areas;22) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;23) losses occurring after, or unrelated to, the performance of a Qualifying Service;24) losses involving products or services, or uses of either, that are prohibited by law;25) losses due to unforeseeable or latent defects in the premises;26) losses due to medical bills, legal fees, or arbitration fees;27) losses that cannot be proven by you to have been caused by the Qualifying Service, in HomeAdvisor’s determination;28) losses resulting from scheduling or timing issues; and29) losses reported by third parties.g. How do I submit a Claim?1) Alert HomeAdvisor either by phone at (866) 786-8474, by email at [email protected], or by online chat and providing all of the requested information about your issue.2) Be prepared to provide the following:A) A rating for the project;B) Details regarding the scope of the Qualifying Service;C) Documentation such as contracts, pictures, text messages or any other pertinent information;E) your desired resolution; andF) Any other requested information.
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that
- Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps 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. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked 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. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected]. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
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 or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps 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. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. 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. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY 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 IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 19. 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 or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps 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, 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. 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 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 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 out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective August 27, 2020 to September 9, 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, 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 are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings 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. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. 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 employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. 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. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, 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.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. 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 claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties 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 or non-personal purposes, including but not limited to activities such as hacking, scraping content, 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAY
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use HomeAdvisor Pay to pay your Service Professional but did not book your home service through HomeAdvisor, you will not be eligible for the HomeAdvisor Happiness Guarantee. By using HomeAdvisor Pay even where you were not previously a HomeAdvisor member, you are agreeing to HomeAdvisor’s terms and conditions.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of HomeAdvisor Pay at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through HomeAdvisor Pay are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through HomeAdvisor Pay are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through HomeAdvisor Pay is declined or returned by the payment network.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through HomeAdvisor Pay. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use HomeAdvisor Pay to pay your Service Professional but did not book your home service through HomeAdvisor, you will not be eligible for the HomeAdvisor Happiness Guarantee. By using HomeAdvisor Pay even where you were not previously a HomeAdvisor member, you are agreeing to HomeAdvisor’s terms and conditions.
- REFERRAL DISCOUNTS. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App (you must download the HomeAdvisor App to use HomeAdvisor Pay and redeem your discount). HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- HOME INSPECTION PROGRAM. You may be offered the opportunity to participate in our Home Inspection program, in which, upon your request, HomeAdvisor will send a home inspection Service Professional to your house so that the home inspection Service Professional can produce a report on the health of your home. HomeAdvisor will then suggest service requests for you to submit to remedy any issues found. You acknowledge and agree that the home health report will be the exclusive property of HomeAdvisor, and that the report may be shared with HomeAdvisor Service Professionals in order to complete your service requests. HomeAdvisor makes no warranties or representations as to the quality or accuracy of the report, and this report should not substitute for an official home inspection should you choose to sell your house.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, 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 website or apps. Some of this information will be sent to Service Professionals, including Home Depot and Empire Today, who will need this information to respond to your request. 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, including Home Depot and Empire Today, via phone, fax, email, mail, text (SMS) messaging, push notifications, 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, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. 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 HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that 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 HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE PROFESSIONALS, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
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 HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, 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 HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") 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. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE).
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor 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 HomeAdvisor 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: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING 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. - HOMEADVISOR HAPPINESS GUARANTEEa. Definitions1) “HomeAdvisor Platform” means HomeAdvisor’s website, HomeAdvisor’s mobile app, or over the phone with a HomeAdvisor representative.2) “Qualifying Service” means a service performed by a Service Professional matched to you by HomeAdvisor and which you fully paid for through the HomeAdvisor Platform.b. HomeAdvisor Happiness Guarantee1) The HomeAdvisor Happiness Guarantee provides certain limited protections provided by HomeAdvisor for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, HomeAdvisor will either (a) have the Qualifying Service reperformed by the same or a different Service Professional; or (b) compensate you: (1) the amount you paid though the HomeAdvisor Platform for the Qualifying Service; plus (2) the amount of damage that can be proven by you, in HomeAdvisor’s sole determination, was directly caused by such Qualifying Service. In no event shall HomeAdvisor’s liability under the HomeAdvisor Happiness Guarantee exceed Five Hundred Thousand Dollars ($500,000.00) per incident.2) A note about exclusions: Please note that you may purchase services through HomeAdvisor that have fixed, upfront prices, or you may purchase services through HomeAdvisor that are later negotiated with the Service Professional. The applicable exclusions of the HomeAdvisor Happiness Guarantee are different depending upon whether or not you paid a fixed, upfront price for the Qualifying Service. See Subsections (e) and (f) for details.c. Eligibility—You are eligible for the HomeAdvisor Service Guarantee provided that you report the issue within ninety (90) days after you made the last payment toward the Qualifying Service by contacting HomeAdvisor by phone at (866) 786-8474, by email at [email protected], or by online chat and providing all of the requested information about your issue. If you do not report the issue within ninety (90) days after you made the last payment toward the Qualifying Service, your claim is ineligible for the HomeAdvisor Happiness Guarantee. For recurring services, each time the Qualifying Service was performed is treated as a separate incident.d. Insurance—If you or the Service Professional carry insurance that would cover you in the event of a claim (e.g., when a fire occurs), such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), you agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance, and only as permitted herein.e. Exclusions For Fixed-Priced Services—If you purchased a Qualifying Service that had an upfront, fixed price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) Professional Services that are requested through Home Improvement Referrals;2) Any Professional Service that is not booked and paid for directly on the HomeAdvisor Platform;3) Merchandise;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from the acts or omissions of you or third party;8) losses arising from the negligence or misconduct of a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);12) losses arising from flooding and/or water damage including mold, fungi or bacteria;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards and securities;15) losses as a result of an intentional wrongful act by a Service Professional;16) losses arising from normal wear and tear;17) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);18) losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;19) losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);20) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;21) losses based on sentimental and/or undocumented intangible value;22) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;23) losses related to repairs outside of the area where the Professional Services were performed;24) losses of pets, personal liability or damage to shared or common areas;25) losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;26) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;27) losses occurring after, or unrelated to, the performance of a Qualifying Service;28) losses involving products or services, or uses of either, that are prohibited by law;29) losses due to unforeseeable or latent defects in the premises;30) losses related to services not explicitly booked through the HomeAdvisor Platform; and31) losses reported by third parties.f. Exclusions For Non-Fixed-Priced Services—If you purchased a Qualifying Service that did not have an upfront, fixed-price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) you have violated this Agreement or any other HomeAdvisor Agreement;2) you failed to report the issue within ninety (90) days after you made the last payment toward the Qualifying Service;3) any service that is not both booked and fully paid for directly on the HomeAdvisor Platform;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from your acts or omissions;8) losses arising from the negligence or misconduct of you or a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);12) losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards, and securities;15) losses arising from normal wear and tear;16) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);17) losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;18) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;19) losses based on sentimental and/or undocumented intangible value;20) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;21) losses of pets, personal liability or damage to shared or common areas;22) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;23) losses occurring after, or unrelated to, the performance of a Qualifying Service;24) losses involving products or services, or uses of either, that are prohibited by law;25) losses due to unforeseeable or latent defects in the premises;26) losses due to medical bills, legal fees, or arbitration fees;27) losses that cannot be proven by you to have been caused by the Qualifying Service, in HomeAdvisor’s determination;28) losses resulting from scheduling or timing issues; and29) losses reported by third parties.g. How do I submit a Claim?1) Alert HomeAdvisor either by phone at (866) 786-8474, by email at [email protected], or by online chat and providing all of the requested information about your issue.2) Be prepared to provide the following:A) A rating for the project;B) Details regarding the scope of the Qualifying Service;C) Documentation such as contracts, pictures, text messages or any other pertinent information;E) your desired resolution; andF) Any other requested information.
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that
- Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps 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. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked 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. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected]. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
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 or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps 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. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. 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. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY 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 IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 19. 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 or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps 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, 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. 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 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 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 out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective August 21, 2020 to August 27, 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, 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 are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings 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. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. 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 employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. 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. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, 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.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. 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 claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties 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 or non-personal purposes, including but not limited to activities such as hacking, scraping content, 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAY
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use HomeAdvisor Pay to pay your Service Professional but did not book your home service through HomeAdvisor, you will not be eligible for the HomeAdvisor Happiness Guarantee. By using HomeAdvisor Pay even where you were not previously a HomeAdvisor member, you are agreeing to HomeAdvisor’s terms and conditions.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of HomeAdvisor Pay at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through HomeAdvisor Pay are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through HomeAdvisor Pay are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through HomeAdvisor Pay is declined or returned by the payment network.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through HomeAdvisor Pay. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use HomeAdvisor Pay to pay your Service Professional but did not book your home service through HomeAdvisor, you will not be eligible for the HomeAdvisor Happiness Guarantee. By using HomeAdvisor Pay even where you were not previously a HomeAdvisor member, you are agreeing to HomeAdvisor’s terms and conditions.
- REFERRAL DISCOUNTS. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App (you must download the HomeAdvisor App to use HomeAdvisor Pay and redeem your discount). HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- HOME INSPECTION PROGRAM. You may be offered the opportunity to participate in our Home Inspection program, in which, upon your request, HomeAdvisor will send a home inspection Service Professional to your house so that the home inspection Service Professional can produce a report on the health of your home. HomeAdvisor will then suggest service requests for you to submit to remedy any issues found. You acknowledge and agree that the home health report will be the exclusive property of HomeAdvisor, and that the report may be shared with HomeAdvisor Service Professionals in order to complete your service requests. HomeAdvisor makes no warranties or representations as to the quality or accuracy of the report, and this report should not substitute for an official home inspection should you choose to sell your house.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, 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 website or apps. Some of this information will be sent to Service Professionals, including Home Depot and Empire Today, who will need this information to respond to your request. 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, including Home Depot and Empire Today, via phone, fax, email, mail, text (SMS) messaging, push notifications, 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, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. 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 HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that 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 HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE PROFESSIONALS, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
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 HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, 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 HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") 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. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor 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 HomeAdvisor 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: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING 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.- HOMEADVISOR HAPPINESS GUARANTEEa. Definitions1) “HomeAdvisor Platform” means HomeAdvisor’s website, HomeAdvisor’s mobile app, or over the phone with a HomeAdvisor representative.2) “Qualifying Service” means a service performed by a Service Professional matched to you by HomeAdvisor and which you fully paid for through the HomeAdvisor Platform.b. HomeAdvisor Happiness Guarantee1) The HomeAdvisor Happiness Guarantee provides certain limited protections provided by HomeAdvisor for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, HomeAdvisor will either (a) have the Qualifying Service reperformed by the same or a different Service Professional; or (b) compensate you: (1) the amount you paid though the HomeAdvisor Platform for the Qualifying Service; plus (2) the amount of damage that can be proven by you, in HomeAdvisor’s sole determination, was directly caused by such Qualifying Service. In no event shall HomeAdvisor’s liability under the HomeAdvisor Happiness Guarantee exceed Five Hundred Thousand Dollars ($500,000.00) per incident.2) A note about exclusions: Please note that you may purchase services through HomeAdvisor that have fixed, upfront prices, or you may purchase services through HomeAdvisor that are later negotiated with the Service Professional. The applicable exclusions of the HomeAdvisor Happiness Guarantee are different depending upon whether or not you paid a fixed, upfront price for the Qualifying Service. See Subsections (e) and (f) for details.c. Eligibility—You are eligible for the HomeAdvisor Service Guarantee provided that you report the issue within ninety (90) days after you made the last payment toward the Qualifying Service by contacting HomeAdvisor by phone at (866) 786-8474, by email at [email protected], or by online chat and providing all of the requested information about your issue. If you do not report the issue within ninety (90) days after you made the last payment toward the Qualifying Service, your claim is ineligible for the HomeAdvisor Happiness Guarantee. For recurring services, each time the Qualifying Service was performed is treated as a separate incident.d. Insurance—If you or the Service Professional carry insurance that would cover you in the event of a claim (e.g., when a fire occurs), such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), you agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance, and only as permitted herein.e. Exclusions For Fixed-Priced Services—If you purchased a Qualifying Service that had an upfront, fixed price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) Professional Services that are requested through Home Improvement Referrals;2) Any Professional Service that is not booked and paid for directly on the HomeAdvisor Platform;3) Merchandise;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from the acts or omissions of you or third party;8) losses arising from the negligence or misconduct of a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);12) losses arising from flooding and/or water damage including mold, fungi or bacteria;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards and securities;15) losses as a result of an intentional wrongful act by a Service Professional;16) losses arising from normal wear and tear;17) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);18) losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;19) losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);20) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;21) losses based on sentimental and/or undocumented intangible value;22) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;23) losses related to repairs outside of the area where the Professional Services were performed;24) losses of pets, personal liability or damage to shared or common areas;25) losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;26) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;27) losses occurring after, or unrelated to, the performance of a Qualifying Service;28) losses involving products or services, or uses of either, that are prohibited by law;29) losses due to unforeseeable or latent defects in the premises;30) losses related to services not explicitly booked through the HomeAdvisor Platform; and31) losses reported by third parties.f. Exclusions For Non-Fixed-Priced Services—If you purchased a Qualifying Service that did not have an upfront, fixed-price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) you have violated this Agreement or any other HomeAdvisor Agreement;2) you failed to report the issue within ninety (90) days after you made the last payment toward the Qualifying Service;3) any service that is not both booked and fully paid for directly on the HomeAdvisor Platform;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from your acts or omissions;8) losses arising from the negligence or misconduct of you or a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);12) losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards, and securities;15) losses arising from normal wear and tear;16) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);17) losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;18) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;19) losses based on sentimental and/or undocumented intangible value;20) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;21) losses of pets, personal liability or damage to shared or common areas;22) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;23) losses occurring after, or unrelated to, the performance of a Qualifying Service;24) losses involving products or services, or uses of either, that are prohibited by law;25) losses due to unforeseeable or latent defects in the premises;26) losses due to medical bills, legal fees, or arbitration fees;27) losses that cannot be proven by you to have been caused by the Qualifying Service, in HomeAdvisor’s determination;28) losses resulting from scheduling or timing issues; and29) losses reported by third parties.g. How do I submit a Claim?1) Alert HomeAdvisor either by phone at (866) 786-8474, by email at [email protected], or by online chat and providing all of the requested information about your issue.2) Be prepared to provide the following:A) A rating for the project;B) Details regarding the scope of the Qualifying Service;C) Documentation such as contracts, pictures, text messages or any other pertinent information;E) your desired resolution; andF) Any other requested information.
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that
- Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps 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. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked 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. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected]. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
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 or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps 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. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. 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. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY 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 IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 19. 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 or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps 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, 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. 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 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 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 out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective July 30, 2020 to August 21, 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, 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 are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings 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. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. 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 employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. 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. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, 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.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. 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 claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties 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 or non-personal purposes, including but not limited to activities such as hacking, scraping content, 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAY
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of HomeAdvisor Pay at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through HomeAdvisor Pay are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through HomeAdvisor Pay are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through HomeAdvisor Pay is declined or returned by the payment network.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through HomeAdvisor Pay. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- REFERRAL DISCOUNTS. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App (you must download the HomeAdvisor App to use HomeAdvisor Pay and redeem your discount). HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, 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 website or apps. Some of this information will be sent to Service Professionals, including Home Depot and Empire Today, who will need this information to respond to your request. 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, including Home Depot and Empire Today, via phone, fax, email, mail, text (SMS) messaging, push notifications, 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, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. 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 HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that 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 HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE PROFESSIONALS, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
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 HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, 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 HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") 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. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor 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 HomeAdvisor 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: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING 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.- HOMEADVISOR HAPPINESS GUARANTEEa. Definitions1) “HomeAdvisor Platform” means HomeAdvisor’s website, HomeAdvisor’s mobile app, or over the phone with a HomeAdvisor representative.2) “Qualifying Service” means a service performed by a Service Professional matched to you by HomeAdvisor and which you fully paid for through the HomeAdvisor Platform.b. HomeAdvisor Happiness Guarantee1) The HomeAdvisor Happiness Guarantee provides certain limited protections provided by HomeAdvisor for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, HomeAdvisor will either (a) have the Qualifying Service reperformed by the same or a different Service Professional; or (b) compensate you: (1) the amount you paid though the HomeAdvisor Platform for the Qualifying Service; plus (2) the amount of damage that can be proven by you, in HomeAdvisor’s sole determination, was directly caused by such Qualifying Service. In no event shall HomeAdvisor’s liability under the HomeAdvisor Happiness Guarantee exceed Five Hundred Thousand Dollars ($500,000.00) per incident.2) A note about exclusions: Please note that you may purchase services through HomeAdvisor that have fixed, upfront prices, or you may purchase services through HomeAdvisor that are later negotiated with the Service Professional. The applicable exclusions of the HomeAdvisor Happiness Guarantee are different depending upon whether or not you paid a fixed, upfront price for the Qualifying Service. See Subsections (e) and (f) for details.c. Eligibility—You are eligible for the HomeAdvisor Service Guarantee provided that you report the issue within ninety (90) days after you made the last payment toward the Qualifying Service by contacting HomeAdvisor by phone at (866) 786-8474, by email at [email protected], or by online chat and providing all of the requested information about your issue. If you do not report the issue within ninety (90) days after you made the last payment toward the Qualifying Service, your claim is ineligible for the HomeAdvisor Happiness Guarantee. For recurring services, each time the Qualifying Service was performed is treated as a separate incident.d. Insurance—If you or the Service Professional carry insurance that would cover you in the event of a claim (e.g., when a fire occurs), such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), you agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance, and only as permitted herein.e. Exclusions For Fixed-Priced Services—If you purchased a Qualifying Service that had an upfront, fixed price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) Professional Services that are requested through Home Improvement Referrals;2) Any Professional Service that is not booked and paid for directly on the HomeAdvisor Platform;3) Merchandise;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from the acts or omissions of you or third party;8) losses arising from the negligence or misconduct of a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);12) losses arising from flooding and/or water damage including mold, fungi or bacteria;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards and securities;15) losses as a result of an intentional wrongful act by a Service Professional;16) losses arising from normal wear and tear;17) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);18) losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;19) losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);20) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;21) losses based on sentimental and/or undocumented intangible value;22) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;23) losses related to repairs outside of the area where the Professional Services were performed;24) losses of pets, personal liability or damage to shared or common areas;25) losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;26) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;27) losses occurring after, or unrelated to, the performance of a Qualifying Service;28) losses involving products or services, or uses of either, that are prohibited by law;29) losses due to unforeseeable or latent defects in the premises;30) losses related to services not explicitly booked through the HomeAdvisor Platform; and31) losses reported by third parties.f. Exclusions For Non-Fixed-Priced Services—If you purchased a Qualifying Service that did not have an upfront, fixed-price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) you have violated this Agreement or any other HomeAdvisor Agreement;2) you failed to report the issue within ninety (90) days after you made the last payment toward the Qualifying Service;3) any service that is not both booked and fully paid for directly on the HomeAdvisor Platform;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from your acts or omissions;8) losses arising from the negligence or misconduct of you or a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);12) losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards, and securities;15) losses arising from normal wear and tear;16) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);17) losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;18) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;19) losses based on sentimental and/or undocumented intangible value;20) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;21) losses of pets, personal liability or damage to shared or common areas;22) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;23) losses occurring after, or unrelated to, the performance of a Qualifying Service;24) losses involving products or services, or uses of either, that are prohibited by law;25) losses due to unforeseeable or latent defects in the premises;26) losses due to medical bills, legal fees, or arbitration fees;27) losses that cannot be proven by you to have been caused by the Qualifying Service, in HomeAdvisor’s determination;28) losses resulting from scheduling or timing issues; and29) losses reported by third parties.g. How do I submit a Claim?1) Alert HomeAdvisor either by phone at (866) 786-8474, by email at [email protected], or by online chat and providing all of the requested information about your issue.2) Be prepared to provide the following:A) A rating for the project;B) Details regarding the scope of the Qualifying Service;C) Documentation such as contracts, pictures, text messages or any other pertinent information;E) your desired resolution; andF) Any other requested information.
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that
- Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps 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. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked 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. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected]. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
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 or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps 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. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. 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. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY 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 IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 19. 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 or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps 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, 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. 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 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 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 out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective July 30, 2020 to July 30, 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, 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 are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings 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. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. 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 employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. 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. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, 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.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. 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 claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties 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 or non-personal purposes, including but not limited to activities such as hacking, scraping content, 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAY
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of HomeAdvisor Pay at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through HomeAdvisor Pay are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through HomeAdvisor Pay are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through HomeAdvisor Pay is declined or returned by the payment network.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through HomeAdvisor Pay. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- REFERRAL DISCOUNTS. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App (you must download the HomeAdvisor App to use HomeAdvisor Pay and redeem your discount). HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, 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 website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. 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, including Home Depot and Empire, via phone, fax, email, mail, text (SMS) messaging, push notifications, 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, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. 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 HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that 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 HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE PROFESSIONALS, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
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 HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, 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 HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") 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. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor 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 HomeAdvisor 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: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING 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.- HOMEADVISOR HAPPINESS GUARANTEEa. Definitions1) “HomeAdvisor Platform” means HomeAdvisor’s website, HomeAdvisor’s mobile app, or over the phone with a HomeAdvisor representative.2) “Qualifying Service” means a service performed by a Service Professional matched to you by HomeAdvisor and which you fully paid for through the HomeAdvisor Platform.b. HomeAdvisor Happiness Guarantee1) The HomeAdvisor Happiness Guarantee provides certain limited protections provided by HomeAdvisor for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, HomeAdvisor will either (a) have the Qualifying Service reperformed by the same or a different Service Professional; or (b) compensate you: (1) the amount you paid though the HomeAdvisor Platform for the Qualifying Service; plus (2) the amount of damage that can be proven by you, in HomeAdvisor’s sole determination, was directly caused by such Qualifying Service. In no event shall HomeAdvisor’s liability under the HomeAdvisor Happiness Guarantee exceed Five Hundred Thousand Dollars ($500,000.00) per incident.2) A note about exclusions: Please note that you may purchase services through HomeAdvisor that have fixed, upfront prices, or you may purchase services through HomeAdvisor that are later negotiated with the Service Professional. The applicable exclusions of the HomeAdvisor Happiness Guarantee are different depending upon whether or not you paid a fixed, upfront price for the Qualifying Service. See Subsections (e) and (f) for details.c. Eligibility—You are eligible for the HomeAdvisor Service Guarantee provided that you report the issue within ninety (90) days after you made the last payment toward the Qualifying Service by contacting HomeAdvisor by phone at (866) 786-8474, by email at [email protected], or by online chat and providing all of the requested information about your issue. If you do not report the issue within ninety (90) days after you made the last payment toward the Qualifying Service, your claim is ineligible for the HomeAdvisor Happiness Guarantee. For recurring services, each time the Qualifying Service was performed is treated as a separate incident.d. Insurance—If you or the Service Professional carry insurance that would cover you in the event of a claim (e.g., when a fire occurs), such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), you agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance, and only as permitted herein.e. Exclusions For Fixed-Priced Services—If you purchased a Qualifying Service that had an upfront, fixed price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) Professional Services that are requested through Home Improvement Referrals;2) Any Professional Service that is not booked and paid for directly on the HomeAdvisor Platform;3) Merchandise;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from the acts or omissions of you or third party;8) losses arising from the negligence or misconduct of a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);12) losses arising from flooding and/or water damage including mold, fungi or bacteria;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards and securities;15) losses as a result of an intentional wrongful act by a Service Professional;16) losses arising from normal wear and tear;17) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);18) losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;19) losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);20) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;21) losses based on sentimental and/or undocumented intangible value;22) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;23) losses related to repairs outside of the area where the Professional Services were performed;24) losses of pets, personal liability or damage to shared or common areas;25) losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;26) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;27) losses occurring after, or unrelated to, the performance of a Qualifying Service;28) losses involving products or services, or uses of either, that are prohibited by law;29) losses due to unforeseeable or latent defects in the premises;30) losses related to services not explicitly booked through the HomeAdvisor Platform; and31) losses reported by third parties.f. Exclusions For Non-Fixed-Priced Services—If you purchased a Qualifying Service that did not have an upfront, fixed-price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) you have violated this Agreement or any other HomeAdvisor Agreement;2) you failed to report the issue within ninety (90) days after you made the last payment toward the Qualifying Service;3) any service that is not both booked and fully paid for directly on the HomeAdvisor Platform;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from your acts or omissions;8) losses arising from the negligence or misconduct of you or a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);12) losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards, and securities;15) losses arising from normal wear and tear;16) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);17) losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;18) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;19) losses based on sentimental and/or undocumented intangible value;20) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;21) losses of pets, personal liability or damage to shared or common areas;22) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;23) losses occurring after, or unrelated to, the performance of a Qualifying Service;24) losses involving products or services, or uses of either, that are prohibited by law;25) losses due to unforeseeable or latent defects in the premises;26) losses due to medical bills, legal fees, or arbitration fees;27) losses that cannot be proven by you to have been caused by the Qualifying Service, in HomeAdvisor’s determination;28) losses resulting from scheduling or timing issues; and29) losses reported by third parties.g. How do I submit a Claim?1) Alert HomeAdvisor either by phone at (866) 786-8474, by email at [email protected], or by online chat and providing all of the requested information about your issue.2) Be prepared to provide the following:A) A rating for the project;B) Details regarding the scope of the Qualifying Service;C) Documentation such as contracts, pictures, text messages or any other pertinent information;E) your desired resolution; andF) Any other requested information.
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that
- Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps 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. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked 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. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected]. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
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 or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps 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. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. 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. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY 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 IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 19. 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 or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps 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, 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. 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 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 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 out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective July 20, 2020 to July 30, 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, 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 are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings 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. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. 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 employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. 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. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, 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.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. 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 claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties 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 or non-personal purposes, including but not limited to activities such as hacking, scraping content, 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAY
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of HomeAdvisor Pay at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through HomeAdvisor Pay are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through HomeAdvisor Pay are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through HomeAdvisor Pay is declined or returned by the payment network.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through HomeAdvisor Pay. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- REFERRAL DISCOUNTS. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App (you must download the HomeAdvisor App to use HomeAdvisor Pay and redeem your discount). HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, 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 website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. 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, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, 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, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. 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 HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that 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 HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE PROFESSIONALS, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
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 HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, 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 HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") 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. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor 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 HomeAdvisor 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: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING 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.- HOMEADVISOR HAPPINESS GUARANTEEa. Definitions1) “HomeAdvisor Platform” means HomeAdvisor’s website, HomeAdvisor’s mobile app, or over the phone with a HomeAdvisor representative.2) “Qualifying Service” means a service performed by a Service Professional matched to you by HomeAdvisor and which you fully paid for through the HomeAdvisor Platform.b. HomeAdvisor Happiness Guarantee1) The HomeAdvisor Happiness Guarantee provides certain limited protections provided by HomeAdvisor for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, HomeAdvisor will either (a) have the Qualifying Service reperformed by the same or a different Service Professional; or (b) compensate you: (1) the amount you paid though the HomeAdvisor Platform for the Qualifying Service; plus (2) the amount of damage that can be proven by you, in HomeAdvisor’s sole determination, was directly caused by such Qualifying Service. In no event shall HomeAdvisor’s liability under the HomeAdvisor Happiness Guarantee exceed Five Hundred Thousand Dollars ($500,000.00) per incident.2) A note about exclusions: Please note that you may purchase services through HomeAdvisor that have fixed, upfront prices, or you may purchase services through HomeAdvisor that are later negotiated with the Service Professional. The applicable exclusions of the HomeAdvisor Happiness Guarantee are different depending upon whether or not you paid a fixed, upfront price for the Qualifying Service. See Subsections (e) and (f) for details.c. Eligibility—You are eligible for the HomeAdvisor Service Guarantee provided that you report the issue within ninety (90) days after you made the last payment toward the Qualifying Service by contacting HomeAdvisor by phone at (866) 786-8474, by email at [email protected], or by online chat and providing all of the requested information about your issue. If you do not report the issue within ninety (90) days after you made the last payment toward the Qualifying Service, your claim is ineligible for the HomeAdvisor Happiness Guarantee. For recurring services, each time the Qualifying Service was performed is treated as a separate incident.d. Insurance—If you or the Service Professional carry insurance that would cover you in the event of a claim (e.g., when a fire occurs), such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), you agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance, and only as permitted herein.e. Exclusions For Fixed-Priced Services—If you purchased a Qualifying Service that had an upfront, fixed price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) Professional Services that are requested through Home Improvement Referrals;2) Any Professional Service that is not booked and paid for directly on the HomeAdvisor Platform;3) Merchandise;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from the acts or omissions of you or third party;8) losses arising from the negligence or misconduct of a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);12) losses arising from flooding and/or water damage including mold, fungi or bacteria;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards and securities;15) losses as a result of an intentional wrongful act by a Service Professional;16) losses arising from normal wear and tear;17) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);18) losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;19) losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);20) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;21) losses based on sentimental and/or undocumented intangible value;22) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;23) losses related to repairs outside of the area where the Professional Services were performed;24) losses of pets, personal liability or damage to shared or common areas;25) losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;26) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;27) losses occurring after, or unrelated to, the performance of a Qualifying Service;28) losses involving products or services, or uses of either, that are prohibited by law;29) losses due to unforeseeable or latent defects in the premises;30) losses related to services not explicitly booked through the HomeAdvisor Platform; and31) losses reported by third parties.f. Exclusions For Non-Fixed-Priced Services—If you purchased a Qualifying Service that did not have an upfront, fixed-price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) you have violated this Agreement or any other HomeAdvisor Agreement;2) you failed to report the issue within ninety (90) days after you made the last payment toward the Qualifying Service;3) any service that is not both booked and fully paid for directly on the HomeAdvisor Platform;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from your acts or omissions;8) losses arising from the negligence or misconduct of you or a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);12) losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards, and securities;15) losses arising from normal wear and tear;16) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);17) losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;18) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;19) losses based on sentimental and/or undocumented intangible value;20) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;21) losses of pets, personal liability or damage to shared or common areas;22) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;23) losses occurring after, or unrelated to, the performance of a Qualifying Service;24) losses involving products or services, or uses of either, that are prohibited by law;25) losses due to unforeseeable or latent defects in the premises;26) losses due to medical bills, legal fees, or arbitration fees;27) losses that cannot be proven by you to have been caused by the Qualifying Service, in HomeAdvisor’s determination;28) losses resulting from scheduling or timing issues; and29) losses reported by third parties.g. How do I submit a Claim?1) Alert HomeAdvisor either by phone at (866) 786-8474, by email at [email protected], or by online chat and providing all of the requested information about your issue.2) Be prepared to provide the following:A) A rating for the project;B) Details regarding the scope of the Qualifying Service;C) Documentation such as contracts, pictures, text messages or any other pertinent information;E) your desired resolution; andF) Any other requested information.
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that
- Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps 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. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked 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. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected]. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
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 or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps 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. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. 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. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY 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 IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 19. 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 or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps 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, 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. 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 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 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 out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective July 14, 2020 to July 20, 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, 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 are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings 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. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. 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 employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. 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. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, 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.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. 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 claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties 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 or non-personal purposes, including but not limited to activities such as hacking, scraping content, 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAY
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of HomeAdvisor Pay at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through HomeAdvisor Pay are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through HomeAdvisor Pay are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through HomeAdvisor Pay is declined or returned by the payment network.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through HomeAdvisor Pay. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- REFERRAL DISCOUNTS. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App (you must download the HomeAdvisor App to use HomeAdvisor Pay and redeem your discount). HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, 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 website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. 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, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, 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, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. 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 HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that 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 HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE PROFESSIONALS, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
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 HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, 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 HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") 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. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor 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 HomeAdvisor 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: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING 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.- HOMEADVISOR HAPPINESS GUARANTEEa. Definitions1) “HomeAdvisor Platform” means HomeAdvisor’s website, HomeAdvisor’s mobile app, or over the phone with a HomeAdvisor representative.2) “Qualifying Service” means a service performed by a Service Professional matched to you by HomeAdvisor and which you fully paid for through the HomeAdvisor Platform.b. HomeAdvisor Happiness Guarantee1) The HomeAdvisor Happiness Guarantee provides certain limited protections provided by HomeAdvisor for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, HomeAdvisor will either (a) have the Qualifying Service reperformed by the same or a different Service Professional; or (b) compensate you: (1) the amount you paid though the HomeAdvisor Platform for the Qualifying Service; plus (2) the amount of damage that can be proven by you, in HomeAdvisor’s sole determination, was directly caused by such Qualifying Service. In no event shall HomeAdvisor’s liability under the HomeAdvisor Happiness Guarantee exceed Five Hundred Thousand Dollars ($500,000.00) per incident.2) A note about exclusions: Please note that you may purchase services through HomeAdvisor that have fixed, upfront prices, or you may purchase services through HomeAdvisor that are later negotiated with the Service Professional. The applicable exclusions of the HomeAdvisor Happiness Guarantee are different depending upon whether or not you paid a fixed, upfront price for the Qualifying Service. See Subsections (e) and (f) for details.c. Eligibility—You are eligible for the HomeAdvisor Service Guarantee provided that you report the issue within ninety (90) days after you made the last payment toward the Qualifying Service by contacting HomeAdvisor by phone at (866) 786-8474, by email at [email protected], or by online chat and providing all of the requested information about your issue. If you do not report the issue within ninety (90) days after you made the last payment toward the Qualifying Service, your claim is ineligible for the HomeAdvisor Happiness Guarantee. For recurring services, each time the Qualifying Service was performed is treated as a separate incident.d. Insurance—If you or the Service Professional carry insurance that would cover you in the event of a claim (e.g., when a fire occurs), such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), you agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance, and only as permitted herein.e. Exclusions For Fixed-Priced Services—If you purchased a Qualifying Service that had an upfront, fixed price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) Professional Services that are requested through Home Improvement Referrals;2) Any Professional Service that is not booked and paid for directly on the HomeAdvisor Platform;3) Merchandise;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from the acts or omissions of you or third party;8) losses arising from the negligence or misconduct of a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);12) losses arising from flooding and/or water damage including mold, fungi or bacteria;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards and securities;15) losses as a result of an intentional wrongful act by a Service Professional;16) losses arising from normal wear and tear;17) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);18) losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;19) losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);20) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;21) losses based on sentimental and/or undocumented intangible value;22) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;23) losses related to repairs outside of the area where the Professional Services were performed;24) losses of pets, personal liability or damage to shared or common areas;25) losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;26) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;27) losses occurring after, or unrelated to, the performance of a Qualifying Service;28) losses involving products or services, or uses of either, that are prohibited by law;29) losses due to unforeseeable or latent defects in the premises;30) losses related to services not explicitly booked through the HomeAdvisor Platform; and31) losses reported by third parties.f. Exclusions For Non-Fixed-Priced Services—If you purchased a Qualifying Service that did not have an upfront, fixed-price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) you have violated this Agreement or any other HomeAdvisor Agreement;2) you failed to report the issue within ninety (90) days after you made the last payment toward the Qualifying Service;3) any service that is not both booked and fully paid for directly on the HomeAdvisor Platform;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from your acts or omissions;8) losses arising from the negligence or misconduct of you or a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);12) losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards, and securities;15) losses arising from normal wear and tear;16) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);17) losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;18) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;19) losses based on sentimental and/or undocumented intangible value;20) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;21) losses of pets, personal liability or damage to shared or common areas;22) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;23) losses occurring after, or unrelated to, the performance of a Qualifying Service;24) losses involving products or services, or uses of either, that are prohibited by law;25) losses due to unforeseeable or latent defects in the premises;26) losses due to medical bills, legal fees, or arbitration fees;27) losses that cannot be proven by you to have been caused by the Qualifying Service, in HomeAdvisor’s determination;28) losses resulting from scheduling or timing issues; and29) losses reported by third parties.g. How do I submit a Claim?1) Alert HomeAdvisor either by phone at (866) 786-8474, by email at [email protected], or by online chat and providing all of the requested information about your issue.2) Be prepared to provide the following:A) A rating for the project;B) Details regarding the scope of the Qualifying Service;C) Documentation such as contracts, pictures, text messages or any other pertinent information;E) your desired resolution; andF) Any other requested information.
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that
- Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps 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. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked 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. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected]. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
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 or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps 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. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. 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. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY 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 IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 19. 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 or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps 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, 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. 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 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 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 out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective April 9, 2020 to July 14, 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, 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 are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings 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. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. 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 employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. 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. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, 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.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. 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 claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties 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 or non-personal purposes, including but not limited to activities such as hacking, scraping content, 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAY
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of HomeAdvisor Pay at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through HomeAdvisor Pay are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through HomeAdvisor Pay are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through HomeAdvisor Pay is declined or returned by the payment network.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through HomeAdvisor Pay. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, 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 website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. 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, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, 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, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. 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 HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that 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 HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE PROFESSIONALS, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
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 HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, 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 HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") 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. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor 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 HomeAdvisor 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: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING 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.- HOMEADVISOR HAPPINESS GUARANTEEa. Definitions1) “HomeAdvisor Platform” means HomeAdvisor’s website, HomeAdvisor’s mobile app, or over the phone with a HomeAdvisor representative.2) “Qualifying Service” means a service performed by a Service Professional matched to you by HomeAdvisor and which you fully paid for through the HomeAdvisor Platform.b. HomeAdvisor Happiness Guarantee1) The HomeAdvisor Happiness Guarantee provides certain limited protections provided by HomeAdvisor for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, HomeAdvisor will either (a) have the Qualifying Service reperformed by the same or a different Service Professional; or (b) compensate you: (1) the amount you paid though the HomeAdvisor Platform for the Qualifying Service; plus (2) the amount of damage that can be proven by you, in HomeAdvisor’s sole determination, was directly caused by such Qualifying Service. In no event shall HomeAdvisor’s liability under the HomeAdvisor Happiness Guarantee exceed Five Hundred Thousand Dollars ($500,000.00) per incident.2) A note about exclusions: Please note that you may purchase services through HomeAdvisor that have fixed, upfront prices, or you may purchase services through HomeAdvisor that are later negotiated with the Service Professional. The applicable exclusions of the HomeAdvisor Happiness Guarantee are different depending upon whether or not you paid a fixed, upfront price for the Qualifying Service. See Subsections (e) and (f) for details.c. Eligibility—You are eligible for the HomeAdvisor Service Guarantee provided that you report the issue within ninety (90) days after you made the last payment toward the Qualifying Service by contacting HomeAdvisor by phone at (866) 786-8474, by email at [email protected], or by online chat and providing all of the requested information about your issue. If you do not report the issue within ninety (90) days after you made the last payment toward the Qualifying Service, your claim is ineligible for the HomeAdvisor Happiness Guarantee. For recurring services, each time the Qualifying Service was performed is treated as a separate incident.d. Insurance—If you or the Service Professional carry insurance that would cover you in the event of a claim (e.g., when a fire occurs), such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), you agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance, and only as permitted herein.e. Exclusions For Fixed-Priced Services—If you purchased a Qualifying Service that had an upfront, fixed price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) Professional Services that are requested through Home Improvement Referrals;2) Any Professional Service that is not booked and paid for directly on the HomeAdvisor Platform;3) Merchandise;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from the acts or omissions of you or third party;8) losses arising from the negligence or misconduct of a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);12) losses arising from flooding and/or water damage including mold, fungi or bacteria;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards and securities;15) losses as a result of an intentional wrongful act by a Service Professional;16) losses arising from normal wear and tear;17) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);18) losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;19) losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);20) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;21) losses based on sentimental and/or undocumented intangible value;22) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;23) losses related to repairs outside of the area where the Professional Services were performed;24) losses of pets, personal liability or damage to shared or common areas;25) losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;26) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;27) losses occurring after, or unrelated to, the performance of a Qualifying Service;28) losses involving products or services, or uses of either, that are prohibited by law;29) losses due to unforeseeable or latent defects in the premises;30) losses related to services not explicitly booked through the HomeAdvisor Platform; and31) losses reported by third parties.f. Exclusions For Non-Fixed-Priced Services—If you purchased a Qualifying Service that did not have an upfront, fixed-price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) you have violated this Agreement or any other HomeAdvisor Agreement;2) you failed to report the issue within ninety (90) days after you made the last payment toward the Qualifying Service;3) any service that is not both booked and fully paid for directly on the HomeAdvisor Platform;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from your acts or omissions;8) losses arising from the negligence or misconduct of you or a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);12) losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards, and securities;15) losses arising from normal wear and tear;16) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);17) losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;18) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;19) losses based on sentimental and/or undocumented intangible value;20) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;21) losses of pets, personal liability or damage to shared or common areas;22) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;23) losses occurring after, or unrelated to, the performance of a Qualifying Service;24) losses involving products or services, or uses of either, that are prohibited by law;25) losses due to unforeseeable or latent defects in the premises;26) losses due to medical bills, legal fees, or arbitration fees;27) losses that cannot be proven by you to have been caused by the Qualifying Service, in HomeAdvisor’s determination;28) losses resulting from scheduling or timing issues; and29) losses reported by third parties.g. How do I submit a Claim?1) Alert HomeAdvisor either by phone at (866) 786-8474, by email at [email protected], or by online chat and providing all of the requested information about your issue.2) Be prepared to provide the following:A) A rating for the project;B) Details regarding the scope of the Qualifying Service;C) Documentation such as contracts, pictures, text messages or any other pertinent information;E) your desired resolution; andF) Any other requested information.
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that
- Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps 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. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked 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. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected]. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
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 or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps 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. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. 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. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY 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 IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 19. 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 or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps 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, 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. 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 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 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 out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective April 3, 2020 to April 9, 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, 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 are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings 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. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. 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 employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. 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. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, 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.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. 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 claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties 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 or non-personal purposes, including but not limited to activities such as hacking, scraping content, 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAY
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”). If your Service Professional has opted in to HomeAdvisor Pay, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have fourteen (14) days after you submit your payment to collect the payment. Should the Service Professional opt out of HomeAdvisor Pay at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through HomeAdvisor Pay are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through HomeAdvisor Pay are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through HomeAdvisor Pay is declined or returned by the payment network.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through HomeAdvisor Pay. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, 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 website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. 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, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, 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, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. 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 HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that 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 HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE PROFESSIONALS, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
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 HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, 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 HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") 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. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor 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 HomeAdvisor 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: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING 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.- HOMEADVISOR HAPPINESS GUARANTEEa. Definitions1) “HomeAdvisor Platform” means HomeAdvisor’s website, HomeAdvisor’s mobile app, or over the phone with a HomeAdvisor representative.2) “Qualifying Service” means a service performed by a Service Professional matched to you by HomeAdvisor and which you fully paid for through the HomeAdvisor Platform.b. HomeAdvisor Happiness Guarantee1) The HomeAdvisor Happiness Guarantee provides certain limited protections provided by HomeAdvisor for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, HomeAdvisor will either (a) have the Qualifying Service reperformed by the same or a different Service Professional; or (b) compensate you: (1) the amount you paid though the HomeAdvisor Platform for the Qualifying Service; plus (2) the amount of damage that can be proven by you, in HomeAdvisor’s sole determination, was directly caused by such Qualifying Service. In no event shall HomeAdvisor’s liability under the HomeAdvisor Happiness Guarantee exceed Five Hundred Thousand Dollars ($500,000.00) per incident.2) A note about exclusions: Please note that you may purchase services through HomeAdvisor that have fixed, upfront prices, or you may purchase services through HomeAdvisor that are later negotiated with the Service Professional. The applicable exclusions of the HomeAdvisor Happiness Guarantee are different depending upon whether or not you paid a fixed, upfront price for the Qualifying Service. See Subsections (e) and (f) for details.c. Eligibility—You are eligible for the HomeAdvisor Service Guarantee provided that you report the issue within ninety (90) days after you made the last payment toward the Qualifying Service by contacting HomeAdvisor by phone at (866) 786-8474, by email at [email protected], or by online chat and providing all of the requested information about your issue. If you do not report the issue within ninety (90) days after you made the last payment toward the Qualifying Service, your claim is ineligible for the HomeAdvisor Happiness Guarantee. For recurring services, each time the Qualifying Service was performed is treated as a separate incident.d. Insurance—If you or the Service Professional carry insurance that would cover you in the event of a claim (e.g., when a fire occurs), such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), you agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance, and only as permitted herein.e. Exclusions For Fixed-Priced Services—If you purchased a Qualifying Service that had an upfront, fixed price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) Professional Services that are requested through Home Improvement Referrals;2) Any Professional Service that is not booked and paid for directly on the HomeAdvisor Platform;3) Merchandise;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from the acts or omissions of you or third party;8) losses arising from the negligence or misconduct of a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);12) losses arising from flooding and/or water damage including mold, fungi or bacteria;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards and securities;15) losses as a result of an intentional wrongful act by a Service Professional;16) losses arising from normal wear and tear;17) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);18) losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;19) losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);20) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;21) losses based on sentimental and/or undocumented intangible value;22) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;23) losses related to repairs outside of the area where the Professional Services were performed;24) losses of pets, personal liability or damage to shared or common areas;25) losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;26) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;27) losses occurring after, or unrelated to, the performance of a Qualifying Service;28) losses involving products or services, or uses of either, that are prohibited by law;29) losses due to unforeseeable or latent defects in the premises;30) losses related to services not explicitly booked through the HomeAdvisor Platform; and31) losses reported by third parties.f. Exclusions For Non-Fixed-Priced Services—If you purchased a Qualifying Service that did not have an upfront, fixed-price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) you have violated this Agreement or any other HomeAdvisor Agreement;2) you failed to report the issue within ninety (90) days after you made the last payment toward the Qualifying Service;3) any service that is not both booked and fully paid for directly on the HomeAdvisor Platform;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from your acts or omissions;8) losses arising from the negligence or misconduct of you or a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);12) losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards, and securities;15) losses arising from normal wear and tear;16) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);17) losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;18) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;19) losses based on sentimental and/or undocumented intangible value;20) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;21) losses of pets, personal liability or damage to shared or common areas;22) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;23) losses occurring after, or unrelated to, the performance of a Qualifying Service;24) losses involving products or services, or uses of either, that are prohibited by law;25) losses due to unforeseeable or latent defects in the premises;26) losses due to medical bills, legal fees, or arbitration fees;27) losses that cannot be proven by you to have been caused by the Qualifying Service, in HomeAdvisor’s determination;28) losses resulting from scheduling or timing issues; and29) losses reported by third parties.g. How do I submit a Claim?1) Alert HomeAdvisor either by phone at (866) 786-8474, by email at [email protected], or by online chat and providing all of the requested information about your issue.2) Be prepared to provide the following:A) A rating for the project;B) Details regarding the scope of the Qualifying Service;C) Documentation such as contracts, pictures, text messages or any other pertinent information;E) your desired resolution; andF) Any other requested information.
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that
- Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps 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. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked 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. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected]. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
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 or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps 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. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. 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. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY 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 IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 19. 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 or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps 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, 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. 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 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 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 out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective March 19, 2020 to April 3, 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, 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 are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings 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. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. 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 employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. 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. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, 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.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. 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 claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties 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 or non-personal purposes, including but not limited to activities such as hacking, scraping content, 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAYPRO
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor PayPro”, or "PayPro"). If your Service Professional has opted in to PayPro, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request.
- By participating in PayPro and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have fourteen (14) days after you submit your payment to collect the payment. Should the Service Professional opt out of PayPro at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for PayPro with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through PayPro are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through PayPro are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through PayPro is declined or returned by the payment network.
- PayPro may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use PayPro to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use PayPro to purchase any services or products that violate these Terms, other policies or rules applicable to PayPro, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of PayPro and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through PayPro. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to PayPro. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with PayPro. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in PayPro through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, 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 website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. 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, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, 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, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. 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 HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that 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 HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE PROFESSIONALS, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
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 HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, 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 HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") 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. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor 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 HomeAdvisor 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: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING 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.- HOMEADVISOR HAPPINESS GUARANTEEa. Definitions1) “HomeAdvisor Platform” means HomeAdvisor’s website, HomeAdvisor’s mobile app, or over the phone with a HomeAdvisor representative.2) “Qualifying Service” means a service performed by a Service Professional matched to you by HomeAdvisor and which you fully paid for through the HomeAdvisor Platform.b. HomeAdvisor Happiness Guarantee1) The HomeAdvisor Happiness Guarantee provides certain limited protections provided by HomeAdvisor for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, HomeAdvisor will either (a) have the Qualifying Service reperformed by the same or a different Service Professional; or (b) compensate you: (1) the amount you paid though the HomeAdvisor Platform for the Qualifying Service; plus (2) the amount of damage that can be proven by you, in HomeAdvisor’s sole determination, was directly caused by such Qualifying Service. In no event shall HomeAdvisor’s liability under the HomeAdvisor Happiness Guarantee exceed Five Hundred Thousand Dollars ($500,000.00) per incident.2) A note about exclusions: Please note that you may purchase services through HomeAdvisor that have fixed, upfront prices, or you may purchase services through HomeAdvisor that are later negotiated with the Service Professional. The applicable exclusions of the HomeAdvisor Happiness Guarantee are different depending upon whether or not you paid a fixed, upfront price for the Qualifying Service. See Subsections (e) and (f) for details.c. Eligibility—You are eligible for the HomeAdvisor Service Guarantee provided that you report the issue within ninety (90) days after you made the last payment toward the Qualifying Service by contacting HomeAdvisor by phone at (866) 786-8474, by email at [email protected], or by online chat and providing all of the requested information about your issue. If you do not report the issue within ninety (90) days after you made the last payment toward the Qualifying Service, your claim is ineligible for the HomeAdvisor Happiness Guarantee. For recurring services, each time the Qualifying Service was performed is treated as a separate incident.d. Insurance—If you or the Service Professional carry insurance that would cover you in the event of a claim (e.g., when a fire occurs), such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), you agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance, and only as permitted herein.e. Exclusions For Fixed-Priced Services—If you purchased a Qualifying Service that had an upfront, fixed price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) Professional Services that are requested through Home Improvement Referrals;2) Any Professional Service that is not booked and paid for directly on the HomeAdvisor Platform;3) Merchandise;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from the acts or omissions of you or third party;8) losses arising from the negligence or misconduct of a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);12) losses arising from flooding and/or water damage including mold, fungi or bacteria;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards and securities;15) losses as a result of an intentional wrongful act by a Service Professional;16) losses arising from normal wear and tear;17) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);18) losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;19) losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);20) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;21) losses based on sentimental and/or undocumented intangible value;22) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;23) losses related to repairs outside of the area where the Professional Services were performed;24) losses of pets, personal liability or damage to shared or common areas;25) losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;26) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;27) losses occurring after, or unrelated to, the performance of a Qualifying Service;28) losses involving products or services, or uses of either, that are prohibited by law;29) losses due to unforeseeable or latent defects in the premises;30) losses related to services not explicitly booked through the HomeAdvisor Platform; and31) losses reported by third parties.f. Exclusions For Non-Fixed-Priced Services—If you purchased a Qualifying Service that did not have an upfront, fixed-price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) you have violated this Agreement or any other HomeAdvisor Agreement;2) you failed to report the issue within ninety (90) days after you made the last payment toward the Qualifying Service;3) any service that is not both booked and fully paid for directly on the HomeAdvisor Platform;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from your acts or omissions;8) losses arising from the negligence or misconduct of you or a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);12) losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards, and securities;15) losses arising from normal wear and tear;16) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);17) losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;18) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;19) losses based on sentimental and/or undocumented intangible value;20) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;21) losses of pets, personal liability or damage to shared or common areas;22) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;23) losses occurring after, or unrelated to, the performance of a Qualifying Service;24) losses involving products or services, or uses of either, that are prohibited by law;25) losses due to unforeseeable or latent defects in the premises;26) losses due to medical bills, legal fees, or arbitration fees;27) losses that cannot be proven by you to have been caused by the Qualifying Service, in HomeAdvisor’s determination;28) losses resulting from scheduling or timing issues; and29) losses reported by third parties.g. How do I submit a Claim?1) Alert HomeAdvisor either by phone at (866) 786-8474, by email at [email protected], or by online chat and providing all of the requested information about your issue.2) Be prepared to provide the following:A) A rating for the project;B) Details regarding the scope of the Qualifying Service;C) Documentation such as contracts, pictures, text messages or any other pertinent information;E) your desired resolution; andF) Any other requested information.
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that
- Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps 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. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked 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. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected]. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
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 or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps 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. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. 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. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY 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 IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 19. 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 or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps 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, 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. 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 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 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 out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective March 19, 2020 to March 19, 2020
DownloadSummary of changes
Table of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, 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 are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings 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. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. 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 employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. 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. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, 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.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. 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 claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties 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 or non-personal purposes, including but not limited to activities such as hacking, scraping content, 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAYPRO
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor PayPro”, or "PayPro"). If your Service Professional has opted in to PayPro, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request.
- By participating in PayPro and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have fourteen (14) days after you submit your payment to collect the payment. Should the Service Professional opt out of PayPro at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for PayPro with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through PayPro are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through PayPro are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through PayPro is declined or returned by the payment network.
- PayPro may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use PayPro to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use PayPro to purchase any services or products that violate these Terms, other policies or rules applicable to PayPro, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of PayPro and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through PayPro. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to PayPro. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with PayPro. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in PayPro through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, 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 website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. 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, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, 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, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. 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 HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that 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 HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE PROFESSIONALS, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
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 HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, 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 HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") 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. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor 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 HomeAdvisor 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: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING 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.- HOMEADVISOR HAPPINESS GUARANTEEa. Definitions1) “HomeAdvisor Platform” means HomeAdvisor’s website, HomeAdvisor’s mobile app, or over the phone with a HomeAdvisor representative.2) “Qualifying Service” means a service performed by a Service Professional matched to you by HomeAdvisor and which you fully paid for through the HomeAdvisor Platform.b. HomeAdvisor Happiness Guarantee1) The HomeAdvisor Happiness Guarantee provides certain limited protections provided by HomeAdvisor for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, HomeAdvisor will either (a) have the Qualifying Service reperformed by the same or a different Service Professional; or (b) compensate you: (1) the amount you paid though the HomeAdvisor Platform for the Qualifying Service; plus (2) the amount of damage that can be proven by you, in HomeAdvisor’s sole determination, was directly caused by such Qualifying Service. In no event shall HomeAdvisor’s liability under the HomeAdvisor Happiness Guarantee exceed Five Hundred Thousand Dollars ($500,000.00) per incident.2) A note about exclusions: Please note that you may purchase services through HomeAdvisor that have fixed, upfront prices, or you may purchase services through HomeAdvisor that are later negotiated with the Service Professional. The applicable exclusions of the HomeAdvisor Happiness Guarantee are different depending upon whether or not you paid a fixed, upfront price for the Qualifying Service. See Subsections (e) and (f) for details.c. Eligibility—You are eligible for the HomeAdvisor Service Guarantee provided that you report the issue within ninety (90) days after you made the last payment toward the Qualifying Service by contacting HomeAdvisor by phone at (866) 786-8474, by email at [email protected], or by online chat and providing all of the requested information about your issue. If you do not report the issue within ninety (90) days after you made the last payment toward the Qualifying Service, your claim is ineligible for the HomeAdvisor Happiness Guarantee. For recurring services, each time the Qualifying Service was performed is treated as a separate incident.d. Insurance—If you or the Service Professional carry insurance that would cover you in the event of a claim (e.g., when a fire occurs), such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), you agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance, and only as permitted herein.e. Exclusions For Fixed-Priced Services—If you purchased a Qualifying Service that had an upfront, fixed price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) Professional Services that are requested through Home Improvement Referrals;2) Any Professional Service that is not booked and paid for directly on the HomeAdvisor Platform;3) Merchandise;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from the acts or omissions of you or third party;8) losses arising from the negligence or misconduct of a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);12) losses arising from flooding and/or water damage including mold, fungi or bacteria;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards and securities;15) losses as a result of an intentional wrongful act by a Service Professional;16) losses arising from normal wear and tear;17) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);18) losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;19) losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);20) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;21) losses based on sentimental and/or undocumented intangible value;22) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;23) losses related to repairs outside of the area where the Professional Services were performed;24) losses of pets, personal liability or damage to shared or common areas;25) losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;26) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;27) losses occurring after, or unrelated to, the performance of a Qualifying Service;28) losses involving products or services, or uses of either, that are prohibited by law;29) losses due to unforeseeable or latent defects in the premises;30) losses related to services not explicitly booked through the HomeAdvisor Platform; and31) losses reported by third parties.f. Exclusions For Non-Fixed-Priced Services—If you purchased a Qualifying Service that did not have an upfront, fixed-price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) you have violated this Agreement or any other HomeAdvisor Agreement;2) you failed to report the issue within ninety (90) days after you made the last payment toward the Qualifying Service;3) any service that is not both booked and fully paid for directly on the HomeAdvisor Platform;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from your acts or omissions;8) losses arising from the negligence or misconduct of you or a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);12) losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards, and securities;15) losses arising from normal wear and tear;16) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);17) losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;18) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;19) losses based on sentimental and/or undocumented intangible value;20) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;21) losses of pets, personal liability or damage to shared or common areas;22) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;23) losses occurring after, or unrelated to, the performance of a Qualifying Service;24) losses involving products or services, or uses of either, that are prohibited by law;25) losses due to unforeseeable or latent defects in the premises;26) losses due to medical bills, legal fees, or arbitration fees;27) losses that cannot be proven by you to have been caused by the Qualifying Service, in HomeAdvisor’s determination;28) losses resulting from scheduling or timing issues; and29) losses reported by third parties.g. How do I submit a Claim?1) Alert HomeAdvisor either by phone at (866) 786-8474, by email at [email protected], or by online chat and providing all of the requested information about your issue.2) Be prepared to provide the following:A) A rating for the project;B) Details regarding the scope of the Qualifying Service;C) Documentation such as contracts, pictures, text messages or any other pertinent information;E) your desired resolution; andF) Any other requested information.
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that
- Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps 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. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked 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. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected]. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
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 or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps 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. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. 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. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY 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 IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 19. 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 or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps 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, 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. 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 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 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 out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective March 19, 2020 to March 19, 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, 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 are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings 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. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. 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 employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. 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. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, 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.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. 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 claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties 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 or non-personal purposes, including but not limited to activities such as hacking, scraping content, 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAYPRO
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor PayPro”, or "PayPro"). If your Service Professional has opted in to PayPro, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request.
- By participating in PayPro and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have fourteen (14) days after you submit your payment to collect the payment. Should the Service Professional opt out of PayPro at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for PayPro with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through PayPro are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through PayPro are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through PayPro is declined or returned by the payment network.
- PayPro may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use PayPro to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use PayPro to purchase any services or products that violate these Terms, other policies or rules applicable to PayPro, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of PayPro and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through PayPro. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to PayPro. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with PayPro. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in PayPro through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, 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 website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. 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, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, 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, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. 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 HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that 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 HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE PROFESSIONALS, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
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 HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, 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 HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") 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. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor 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 HomeAdvisor 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: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING 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.- HOMEADVISOR HAPPINESS GUARANTEEa. Definitions1) “HomeAdvisor Platform” means HomeAdvisor’s website, HomeAdvisor’s mobile app, or over the phone with a HomeAdvisor representative.2) “Qualifying Service” means a service performed by a Service Professional matched to you by HomeAdvisor and which you fully paid for through the HomeAdvisor Platform.b. HomeAdvisor Happiness Guarantee1) The HomeAdvisor Happiness Guarantee provides certain limited protections provided by HomeAdvisor for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, HomeAdvisor will either (a) have the Qualifying Service reperformed by the same or a different Service Professional; or (b) compensate you: (1) the amount you paid though the HomeAdvisor Platform for the Qualifying Service; plus (2) the amount of damage that can be proven by you, in HomeAdvisor’s sole determination, was directly caused by such Qualifying Service. In no event shall HomeAdvisor’s liability under the HomeAdvisor Happiness Guarantee exceed Five Hundred Thousand Dollars ($500,000.00) per incident.2) A note about exclusions: Please note that you may purchase services through HomeAdvisor that have fixed, upfront prices, or you may purchase services through HomeAdvisor that are later negotiated with the Service Professional. The applicable exclusions of the HomeAdvisor Happiness Guarantee are different depending upon whether or not you paid a fixed, upfront price for the Qualifying Service. See Subsections (e) and (f) for details.c. Eligibility—You are eligible for the HomeAdvisor Service Guarantee provided that you report the issue within ninety (90) days after you made the last payment toward the Qualifying Service by contacting HomeAdvisor by phone at (866) 786-8474, by email at [email protected], or by online chat and providing all of the requested information about your issue. If you do not report the issue within ninety (90) days after you made the last payment toward the Qualifying Service, your claim is ineligible for the HomeAdvisor Happiness Guarantee. For recurring services, each time the Qualifying Service was performed is treated as a separate incident.d. Insurance—If you or the Service Professional carry insurance that would cover you in the event of a claim (e.g., when a fire occurs), such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), you agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance, and only as permitted herein.e. Exclusions For Fixed-Priced Services—If you purchased a Qualifying Service that had an upfront, fixed price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) Professional Services that are requested through Home Improvement Referrals;2) Any Professional Service that is not booked and paid for directly on the HomeAdvisor Platform;3) Merchandise;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from the acts or omissions of you or third party;8) losses arising from the negligence or misconduct of a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);12) losses arising from flooding and/or water damage including mold, fungi or bacteria;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards and securities;15) losses as a result of an intentional wrongful act by a Service Professional;16) losses arising from normal wear and tear;17) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);18) losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;19) losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);20) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;21) losses based on sentimental and/or undocumented intangible value;22) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;23) losses related to repairs outside of the area where the Professional Services were performed;24) losses of pets, personal liability or damage to shared or common areas;25) losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;26) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;27) losses occurring after, or unrelated to, the performance of a Qualifying Service;28) losses involving products or services, or uses of either, that are prohibited by law;29) losses due to unforeseeable or latent defects in the premises;30) losses related to services not explicitly booked through the HomeAdvisor Platform; and31) losses reported by third parties.f. Exclusions For Non-Fixed-Priced Services—If you purchased a Qualifying Service that did not have an upfront, fixed-price, that Qualifying Service will be covered under the HomeAdvisor Happiness Guarantee, subject to the following exclusions:1) you have violated this Agreement or any other HomeAdvisor Agreement;2) you failed to report the issue within ninety (90) days after you made the last payment toward the Qualifying Service;3) any service that is not both booked and fully paid for directly on the HomeAdvisor Platform;4) losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;5) losses arising out of interruption of business, loss of market, loss of income and/or loss of use;6) losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;7) losses arising from your acts or omissions;8) losses arising from the negligence or misconduct of you or a third party;9) losses arising from a manufacturer's or a product's defects;10) losses from pre-existing damages or conditions of the item or property;11) losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);12) losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;13) losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;14) losses of cash, third party gift cards, and securities;15) losses arising from normal wear and tear;16) losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);17) losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;18) loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;19) losses based on sentimental and/or undocumented intangible value;20) losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;21) losses of pets, personal liability or damage to shared or common areas;22) losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation;23) losses occurring after, or unrelated to, the performance of a Qualifying Service;24) losses involving products or services, or uses of either, that are prohibited by law;25) losses due to unforeseeable or latent defects in the premises;26) losses due to medical bills, legal fees, or arbitration fees;27) losses that cannot be proven by you to have been caused by the Qualifying Service, in HomeAdvisor’s determination;28) losses resulting from scheduling or timing issues; and29) losses reported by third parties.g. How do I submit a Claim?1) Alert HomeAdvisor either by phone at (866) 786-8474, by email at [email protected], or by online chat and providing all of the requested information about your issue.2) Be prepared to provide the following:A) A rating for the project;B) Details regarding the scope of the Qualifying Service;C) Documentation such as contracts, pictures, text messages or any other pertinent information;E) your desired resolution; andF) Any other requested information.
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that
- Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps 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. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked 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. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected]. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
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 or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps 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. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. 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. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY 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 IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 19. 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 or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps 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, 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. 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 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 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 out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective February 27, 2020 to March 19, 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, 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 are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings 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. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. 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 employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. 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. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, 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.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. 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 claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties 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 or non-personal purposes, including but not limited to activities such as hacking, scraping content, 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAYPRO
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor PayPro”, or "PayPro"). If your Service Professional has opted in to PayPro, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request.
- By participating in PayPro and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have fourteen (14) days after you submit your payment to collect the payment. Should the Service Professional opt out of PayPro at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for PayPro with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through PayPro are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through PayPro are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through PayPro is declined or returned by the payment network.
- PayPro may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use PayPro to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use PayPro to purchase any services or products that violate these Terms, other policies or rules applicable to PayPro, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of PayPro and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through PayPro. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to PayPro. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with PayPro. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in PayPro through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, 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 website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. 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, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, 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, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. 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 HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that 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 HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE PROFESSIONALS, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
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 HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, 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 HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") 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. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor 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 HomeAdvisor 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: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING 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.- [Placeholder for guarantee terms]
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that - Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps 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. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked 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. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected]. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
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 or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps 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. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. 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. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY 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 IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 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 or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps 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, 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. 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 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 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 out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective February 27, 2020 to February 27, 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, 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 are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings 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. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. 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 employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. 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. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, 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.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. 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 claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties 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 or non-personal purposes, including but not limited to activities such as hacking, scraping content, 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAYPRO
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor PayPro”, or "PayPro"). If your Service Professional has opted in to PayPro, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request.
- By participating in PayPro and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have fourteen (14) days after you submit your payment to collect the payment. Should the Service Professional opt out of PayPro at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for PayPro with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through PayPro are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through PayPro are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through PayPro is declined or returned by the payment network.
- PayPro may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use PayPro to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use PayPro to purchase any services or products that violate these Terms, other policies or rules applicable to PayPro, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of PayPro and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through PayPro. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to PayPro. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with PayPro. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in PayPro through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, 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 website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. 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, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, 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, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. 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 HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that 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 HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE PROFESSIONALS, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
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 HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, 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 HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") 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. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor 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 HomeAdvisor 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: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING 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.- [Placeholder for guarantee terms]
- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that - Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps 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. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked 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. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected]. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
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 or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps 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. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. 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. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY 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 IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 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 or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps 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, 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. 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 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 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 out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective February 5, 2020 to February 27, 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, 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 are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings 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. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. 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 employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. 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. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, 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.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. 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 claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties 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 or non-personal purposes, including but not limited to activities such as hacking, scraping content, 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAYPRO
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor PayPro”, or "PayPro"). If your Service Professional has opted in to PayPro, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request.
- By participating in PayPro and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have fourteen (14) days after you submit your payment to collect the payment. Should the Service Professional opt out of PayPro at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for PayPro with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through PayPro are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through PayPro are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through PayPro is declined or returned by the payment network.
- PayPro may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use PayPro to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use PayPro to purchase any services or products that violate these Terms, other policies or rules applicable to PayPro, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of PayPro and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through PayPro. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to PayPro. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with PayPro. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in PayPro through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, 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 website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. 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, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, 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, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. 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 HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that 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 HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE PROFESSIONALS, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
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 HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, 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 HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") 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. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor 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 HomeAdvisor 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: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING 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.- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that - Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps 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. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked 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. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected]. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
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 or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps 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. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. 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. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY 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 IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 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 or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps 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, 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. 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 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 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 out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective December 30, 2019 to February 5, 2020
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, 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 are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings 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. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. 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 employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. 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. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, 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.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. 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 claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties 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 or non-personal purposes, including but not limited to activities such as hacking, scraping content, 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAYPRO
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor PayPro”, or "PayPro"). If your Service Professional has opted in to PayPro, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted).
- By participating in PayPro and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have fourteen (14) days after you submit your payment to collect the payment. Should the Service Professional opt out of PayPro at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for PayPro with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through PayPro are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through PayPro are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through PayPro is declined or returned by the payment network.
- PayPro may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use PayPro to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use PayPro to purchase any services or products that violate these Terms, other policies or rules applicable to PayPro, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of PayPro and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through PayPro. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to PayPro. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with PayPro. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in PayPro through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, 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 website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. 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, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, 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, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. 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 HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that 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 HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE PROFESSIONALS, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
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 HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, 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 HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") 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. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor 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 HomeAdvisor 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: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING 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.- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that - Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps 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. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked 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. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected]. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
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 or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps 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. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. 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. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY 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 IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 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 or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps 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, 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. 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 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 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 out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective December 12, 2019 to December 30, 2019
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, 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 are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings 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. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. 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 employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. 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. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, 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.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. 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 claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties 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 or non-personal purposes, including but not limited to activities such as hacking, scraping content, 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2(f), you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAYPRO
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor PayPro”, or "PayPro"). If your Service Professional has opted in to PayPro, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted).
- By participating in PayPro and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have fourteen (14) days after you submit your payment to collect the payment. Should the Service Professional opt out of PayPro at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for PayPro with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through PayPro are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through PayPro are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through PayPro is declined or returned by the payment network.
- PayPro may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use PayPro to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use PayPro to purchase any services or products that violate these Terms, other policies or rules applicable to PayPro, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of PayPro and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through PayPro. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to PayPro. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with PayPro. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in PayPro through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, 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 website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. 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, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, 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, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. 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 HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that 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 HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE PROFESSIONALS, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
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 HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, 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 HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") 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. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES OR PROJECT ADVISOR SERVICES).
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor 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 HomeAdvisor 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: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING 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.- AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 11. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that - Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps 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. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked 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. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected]. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
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 or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps 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. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. 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. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY 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 IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 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 or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps 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, 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. 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 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 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 out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective December 4, 2019 to December 12, 2019
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES (FIXED PRICE SERVICES ARE SET FORTH IN SECTION 12)
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, 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 are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings 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. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. 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 employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. 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. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, 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.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. 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 claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties 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 or non-personal purposes, including but not limited to activities such as hacking, scraping content, 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2, #7, you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAYPRO
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor PayPro”, or "PayPro"). If your Service Professional has opted in to PayPro, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted).
- By participating in PayPro and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have fourteen (14) days after you submit your payment to collect the payment. Should the Service Professional opt out of PayPro at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for PayPro with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through PayPro are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through PayPro are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through PayPro is declined or returned by the payment network.
- PayPro may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use PayPro to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use PayPro to purchase any services or products that violate these Terms, other policies or rules applicable to PayPro, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of PayPro and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through PayPro. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to PayPro. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with PayPro. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 21. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in PayPro through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, 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 website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. 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, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, 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, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. 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 HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that 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 HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE PROFESSIONALS, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
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 HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, 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 HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") 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. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES. PLEASE SEE SECTION 12 FOR SCREENING FOR FIXED PRICE SERVICES)
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
- Legal Search for Civil Judgments - We use third party data sources to check, within the 12 months prior to the service professional's application for membership in the HomeAdvisor network, for significant state-level civil legal judgments or liens entered against the owner/principal by business customers and for bankruptcy filings by or against the owner/principal, in the state in which the owner/principal of the company is located.
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor 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 HomeAdvisor 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: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING 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. - AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 10. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that - Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- FIXED PRICE SERVICES
- HomeAdvisor (through its affiliate, Handy Technologies, Inc.), provides certain services labeled "Fixed Price Services." Through Fixed-Price Services, you will pay for your home service upfront and book the time and date of your service through our secure online portal. HOMEADVISOR, THROUGH THE HOMEADVISOR PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. HOMEADVISOR IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.
- SCREENING FOR FIXED PRICED SERVICES (NOTE: SCREENING FOR STANDARD SERVICES CAN BE FOUND IN SECTION 10).
For Fixed Price Services, except as noted below, we use a multi-step process to screen potential cleaning and handyman service professionals. The process is designed to filter qualified potential cleaning and handyman service professionals with appropriate backgrounds in compliance with applicable law. The potential cleaning and handyman service professional must provide detailed personal information. These service professionals must provide their full name, address, date of birth, social security number, and a valid form of identification and validate their applicable home services experience. We verify these potential service professional's identities. For Fixed Price Services, we utilize Jumio, an identification verification company, to match the photographs and confirm the integrity of the identification documents. These service professionals then submit to a background check. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background (“Background Check Process”). Some service professionals are employees, franchisees, dealers, or independent contractors of larger national or corporate companies. For these professionals only the Background Check Process of the above screening process is performed.
Checkr's Background Check Process Checkr, a third-party background check provider accredited by the National Association of Professional Background Screeners, conducts a record search which looks back at least seven years or longer in other jurisdictions when permitted by applicable law and available records. Checkr specifically conducts the following checks and searches: - Fixed Price Services Recommendations Explanation. All recommended Fixed Price Professionals have received a "star" rating of at least four stars. These Fixed Price Professionals are recommended by other consumers, not by HomeAdvisor, and the number of reviews represents the number of reviews for all Fixed Price Services rather than for a particular category of Fixed Price Services or a particular Fixed Price Professional.
- Fixed Price Payments
- Payments. Users of the HomeAdvisor Platform for Fixed Price Services purchased and paid for on the HomeAdvisor website, contract for Professional Services directly with other Users. HomeAdvisor is not a party to any contracts for Professional Services. The HomeAdvisor Platform facilitates these contracts by supplying a medium through which individuals seeking to obtain services ("Requesters") can connect with with independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested ("Professionals"), schedule certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as "Professional Services", and make payments for Professional Services ("Payments"). Requesters are obligated to pay in advance for the Professional Services they order through the HomeAdvisor Platform. Prior to the scheduled Professional Service, we will charge the Requester's credit card according to the amount the Requester and Service Provider have agreed to on the HomeAdvisor Platform with respect to all Professional Services, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses and applicable taxes associated with a Professional Service as well as the Trust and Support Fee (as defined in Section 12.e. below), and the Requester hereby authorizes us to charge the credit card on file in the Requester's HomeAdvisor Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying HomeAdvisor. Requesters must notify HomeAdvisor by changing the date or hours of the requested Professional Service through the HomeAdvisor Platform. All Payments by Requesters must be made through the HomeAdvisor Platform. Any Payments paid or Professional Services scheduled outside of the HomeAdvisor Platform are not subject to our HomeAdvisor Happiness Guarantee in Section 12.d. below. Except for the HomeAdvisor Happiness Guarantee in Section 12.d., no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (a) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (b) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (c) reverse any credits to your bank account; or (d) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Job Rate. The rate per hour for a Professional Service ("Job Rate") depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting a Professional Service, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis ("Recurrent Service"). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the HomeAdvisor platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. HomeAdvisor cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED PROFESSIONAL SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRENT SERVICE: Requesters may cancel the automatically renewing Recurrent Service at any time AT ANY TIME by visiting the HomeAdvisor Help Center https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT PROFESSIONAL SERVICE PURSUANT TO HOMEADVISOR’S CANCELLATION POLICY AS SET FORTH BELOW.
- HomeAdvisor Happiness Guarantee (APPLIES ONLY TO FIXED PRICE SERVICES); Claims
- The HomeAdvisor Happiness Guarantee provides certain limited additional protections for Professional Services. Pursuant to the HomeAdvisor Happiness Guarantee and subject to the below terms and conditions and limitations, HomeAdvisor will compensate Requesters: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Professional during performance of a Professional Service or (b),, provided, however, for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Professional during performance of a Professional Service the amount shall be limited to up to USD $1,000; or (b) subject to the exclusions below, up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Professional during performance of a Professional Service. The Service Requester is eligible for the HomeAdvisor Happiness Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service Provider's Completion of the Professional Service to our Requester by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/. If the Service Requester does not report the issue within seventy-two (72) hours of the Professional Service appointment, the claim is ineligible for the HomeAdvisor Happiness Guarantee. For Recurrent Services, each Professional Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), You agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein
- A Requester will be covered under the HomeAdvisor Happiness Guarantee for a Professional Service, subject to the exclusions in subsection (iv) below, provided:
- The Professional Service is agreed to between a Requester and a Professional using the HomeAdvisor Platform, performed by the Professional hired by the Requester and paid for in full through the HomeAdvisor Platform;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Service Provider's completion of the Professional Service; and
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor.
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Professional prior to the start of the Professional Service; andThe Requestor has accounted for and secured all valuables prior to the start of a Professional Service.
- What is excluded from the HomeAdvisor Happiness Guarantee? The "HomeAdvisor Happiness Guarantee" does not cover the following:
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Professional;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Section 2 and Section 20 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Professional Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Professional Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through the HomeAdvisor Platform; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Professional Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Happiness Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Happiness Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Professional; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Happiness Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer be eligible for the HomeAdvisor Happiness Guarantee.
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Cleaning Plan with a Minimum Commitment.
- Minimum Commitment Plan Term: If you have selected a Professional Services cleaning plan ("Minimum Commitment Plan"), your Minimum Commitment Plan term commences on the date of your first appointment.
- Minimum Commitment Plan Cancellation Fee: If you have selected a Minimum Commitment Plan, you will be subject to and charged a cancellation fee up to USD $150 in the US should you elect to terminate the Professional Services cleaning plan prior to the expiration of your minimum commitment period.
- Rescheduling Cleaning Plan appointments during the Minimum Commitment Period: If you have selected a Professional Services cleaning plan with a minimum commitment, you can reschedule any cleaning plan appointment for free at least 24 hours in advance of the scheduled start time, provided such rescheduled appointment will occur within the minimum commitment period. If you reschedule between 2-24 hours before a scheduled Professional Service appointment, you will be charged a USD $15 fee. If you reschedule during the 2 hours before a scheduled Professional Service appointment, you will be charged the full Professional Service amount. If you skip any cleaning plan appointment within the minimum commitment period or reschedule any cleaning plan appointment within the minimum commitment period to outside of the minimum commitment period, your credit card will be charged for the amount of the appointment and in addition, your account will be credited the amount you are charged. Such merchandise credit will be available for your use during the minimum commitment period only as a merchandise credit to use to book one-off replacement cleaning appointments or handyman appointments, and after the minimum commitment period ends, you may apply such merchandise credits to cleaning appointments and handyman appointments. No monetary refunds will be provided for cleaning plan appointments that are skipped within the minimum commitment period or any cleaning plan appointment within the minimum commitment period that is rescheduled to outside of the minimum commitment period. In addition to the foregoing, if you skip any cleaning plan appointment between 2-24 hours before a scheduled appointment, you will also be charged an additional USD $15 cancellation fee and if you skip any cleaning plan appointment during the 2 hours before a scheduled appointment, you will be charged the full amount of the appointment, and will not be eligible for any credit.
- Expiration of Cleaning Plan with Minimum Commitment; AUTOMATIC RENEWAL. Once your minimum commitment period is complete, your selected plan will remain active and convert to a Recurrent Service without a minimum commitment. The HomeAdvisor Platform will automatically schedule Professional Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRENT SERVICE AFTER END OF MINIMUM COMMITMENT PERIOD: After your minimum commitment period is complete, you may cancel your plan at any time by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. YOU MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO YOUR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR YOUR NEXT PROFESSIONAL SERVICE IN ACCORDANCE WITH THE CANCELLATION POLICY SET FORTH BELOW.
- Cancellation Policy for Service Cancellation by Requester of Cleaning Plans without a Minimum Commitment, Cleaning Plans after completion of the Minimum Commitment period and One-Time Professional Service appointments. HomeAdvisor's cancellation policy for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the HomeAdvisor Platform at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159.
- HomeAdvisor Savings Membership.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Platform Membership ("HomeAdvisor Platform Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Platform Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR PLATFORM MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR PLATFORM MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Platform Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period.
- Savings Membership
- Policy for Service Cancellation by Professional. When a Professional cancels a scheduled Professional Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Professional Service request available for another Professional to select. However, HomeAdvisor cannot guarantee that a canceled Professional Service appointment will be selected by another Professional and rescheduled or that the Professional Service request will be completed. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment. Professionals who cancel a scheduled Professional Service appointment may incur fees as provided in the Service Agreement.
- Special Promotions; Gift Cards and Vouchers.
- Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
- Promotional Credit. Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit. HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use the HomeAdvisor Platform. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable. Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services. Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit. Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- Referral Credits. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral credits are redeemable only for Professional Services. HomeAdvisor referral credits have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at https://www.homeadvisor.com/contact/.
- Vouchers. HomeAdvisor vouchers or promotional codes for special offers or discounts ("Vouchers") may be available and can be used to pay in part or in full for Professional Services. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions. You agree that you will comply with all Voucher terms and conditions. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards.
- Gift Cards. HomeAdvisor Gift Cards ("Gift Cards") are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards. You agree that you will comply with all Gift Card terms and conditions. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $10,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $2,000 in any one day. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift. A Gift Card is void if copied, altered, transferred, purchased or sold. Purchases of Gift Cards are final and not refundable. All sales are final. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors. Gift Cards and their use are subject to this Agreement (including the Privacy Policy) and use of a Gift Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to a Gift Card require additional or different terms and conditions, then such terms and conditions shall apply. For questions or additional information, contact us at https://www.homeadvisor.com/contact/. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps 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. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked 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. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected]. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
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 or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps 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. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. 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. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY 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 IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 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 or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps 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, 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. 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 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 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 out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective December 3, 2019 to December 4, 2019
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES (FIXED PRICE SERVICES ARE SET FORTH IN SECTION 12)
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, 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 are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings 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. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. 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 employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. 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. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, 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.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. 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 claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties 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 or non-personal purposes, including but not limited to activities such as hacking, scraping content, 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2, #7, you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - HOMEADVISOR PAYPRO
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the HomeAdvisor mobile application (“HomeAdvisor PayPro”, or "PayPro"). If your Service Professional has opted in to PayPro, you will be able to log into your HomeAdvisor App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted).
- By participating in PayPro and agreeing to the HomeAdvisor Terms, you agree that HomeAdvisor is authorized to charge your method of payment for the amount selected by you in the App, and to for HomeAdvisor’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have fourteen (14) days after you submit your payment to collect the payment. Should the Service Professional opt out of PayPro at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize HomeAdvisor to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for PayPro with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through PayPro are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through PayPro are transactions between you and the Service Professional and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website. You also agree that HomeAdvisor may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by HomeAdvisor. HomeAdvisor may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and HomeAdvisor acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through PayPro is declined or returned by the payment network.
- PayPro may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use PayPro to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use PayPro to purchase any services or products that violate these Terms, other policies or rules applicable to PayPro, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of PayPro and/or your HomeAdvisor account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by HomeAdvisor and are non-reversible by you through PayPro. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to PayPro. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with PayPro. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 21. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in PayPro through Stripe, you agree to provide HomeAdvisor accurate and complete information about you, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, 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 website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. 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, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, 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, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. 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 HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that 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 HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE PROFESSIONALS, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
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 HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, 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 HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") 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. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES. PLEASE SEE SECTION 12 FOR SCREENING FOR FIXED PRICE SERVICES)
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
- Legal Search for Civil Judgments - We use third party data sources to check, within the 12 months prior to the service professional's application for membership in the HomeAdvisor network, for significant state-level civil legal judgments or liens entered against the owner/principal by business customers and for bankruptcy filings by or against the owner/principal, in the state in which the owner/principal of the company is located.
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor 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 HomeAdvisor 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: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING 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. - AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 10. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that - Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- FIXED PRICE SERVICES
- HomeAdvisor (through its affiliate, Handy Technologies, Inc.), provides certain services labeled "Fixed Price Services." Through Fixed-Price Services, you will pay for your home service upfront and book the time and date of your service through our secure online portal. HOMEADVISOR, THROUGH THE HOMEADVISOR PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. HOMEADVISOR IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.
- SCREENING FOR FIXED PRICED SERVICES (NOTE: SCREENING FOR STANDARD SERVICES CAN BE FOUND IN SECTION 10).
For Fixed Price Services, except as noted below, we use a multi-step process to screen potential cleaning and handyman service professionals. The process is designed to filter qualified potential cleaning and handyman service professionals with appropriate backgrounds in compliance with applicable law. The potential cleaning and handyman service professional must provide detailed personal information. These service professionals must provide their full name, address, date of birth, social security number, and a valid form of identification and validate their applicable home services experience. We verify these potential service professional's identities. For Fixed Price Services, we utilize Jumio, an identification verification company, to match the photographs and confirm the integrity of the identification documents. These service professionals then submit to a background check. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background (“Background Check Process”). Some service professionals are employees, franchisees, dealers, or independent contractors of larger national or corporate companies. For these professionals only the Background Check Process of the above screening process is performed.
Checkr's Background Check Process Checkr, a third-party background check provider accredited by the National Association of Professional Background Screeners, conducts a record search which looks back at least seven years or longer in other jurisdictions when permitted by applicable law and available records. Checkr specifically conducts the following checks and searches: - Fixed Price Services Recommendations Explanation. All recommended Fixed Price Professionals have received a "star" rating of at least four stars. These Fixed Price Professionals are recommended by other consumers, not by HomeAdvisor, and the number of reviews represents the number of reviews for all Fixed Price Services rather than for a particular category of Fixed Price Services or a particular Fixed Price Professional.
- Fixed Price Payments
- Payments. Users of the HomeAdvisor Platform for Fixed Price Services purchased and paid for on the HomeAdvisor website, contract for Professional Services directly with other Users. HomeAdvisor is not a party to any contracts for Professional Services. The HomeAdvisor Platform facilitates these contracts by supplying a medium through which individuals seeking to obtain services ("Requesters") can connect with with independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested ("Professionals"), schedule certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as "Professional Services", and make payments for Professional Services ("Payments"). Requesters are obligated to pay in advance for the Professional Services they order through the HomeAdvisor Platform. Prior to the scheduled Professional Service, we will charge the Requester's credit card according to the amount the Requester and Service Provider have agreed to on the HomeAdvisor Platform with respect to all Professional Services, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses and applicable taxes associated with a Professional Service as well as the Trust and Support Fee (as defined in Section 12.e. below), and the Requester hereby authorizes us to charge the credit card on file in the Requester's HomeAdvisor Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying HomeAdvisor. Requesters must notify HomeAdvisor by changing the date or hours of the requested Professional Service through the HomeAdvisor Platform. All Payments by Requesters must be made through the HomeAdvisor Platform. Any Payments paid or Professional Services scheduled outside of the HomeAdvisor Platform are not subject to our HomeAdvisor Happiness Guarantee in Section 12.d. below. Except for the HomeAdvisor Happiness Guarantee in Section 12.d., no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (a) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (b) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (c) reverse any credits to your bank account; or (d) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Job Rate. The rate per hour for a Professional Service ("Job Rate") depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting a Professional Service, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis ("Recurrent Service"). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the HomeAdvisor platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. HomeAdvisor cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED PROFESSIONAL SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRENT SERVICE: Requesters may cancel the automatically renewing Recurrent Service at any time AT ANY TIME by visiting the HomeAdvisor Help Center https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT PROFESSIONAL SERVICE PURSUANT TO HOMEADVISOR’S CANCELLATION POLICY AS SET FORTH BELOW.
- HomeAdvisor Happiness Guarantee (APPLIES ONLY TO FIXED PRICE SERVICES); Claims
- The HomeAdvisor Happiness Guarantee provides certain limited additional protections for Professional Services. Pursuant to the HomeAdvisor Happiness Guarantee and subject to the below terms and conditions and limitations, HomeAdvisor will compensate Requesters: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Professional during performance of a Professional Service or (b),, provided, however, for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Professional during performance of a Professional Service the amount shall be limited to up to USD $1,000; or (b) subject to the exclusions below, up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Professional during performance of a Professional Service. The Service Requester is eligible for the HomeAdvisor Happiness Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service Provider's Completion of the Professional Service to our Requester by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/. If the Service Requester does not report the issue within seventy-two (72) hours of the Professional Service appointment, the claim is ineligible for the HomeAdvisor Happiness Guarantee. For Recurrent Services, each Professional Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), You agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein
- A Requester will be covered under the HomeAdvisor Happiness Guarantee for a Professional Service, subject to the exclusions in subsection (iv) below, provided:
- The Professional Service is agreed to between a Requester and a Professional using the HomeAdvisor Platform, performed by the Professional hired by the Requester and paid for in full through the HomeAdvisor Platform;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Service Provider's completion of the Professional Service; and
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor.
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Professional prior to the start of the Professional Service; andThe Requestor has accounted for and secured all valuables prior to the start of a Professional Service.
- What is excluded from the HomeAdvisor Happiness Guarantee? The "HomeAdvisor Happiness Guarantee" does not cover the following:
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Professional;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Section 2 and Section 20 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Professional Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Professional Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through the HomeAdvisor Platform; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Professional Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Happiness Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Happiness Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Professional; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Happiness Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer be eligible for the HomeAdvisor Happiness Guarantee.
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Cleaning Plan with a Minimum Commitment.
- Minimum Commitment Plan Term: If you have selected a Professional Services cleaning plan ("Minimum Commitment Plan"), your Minimum Commitment Plan term commences on the date of your first appointment.
- Minimum Commitment Plan Cancellation Fee: If you have selected a Minimum Commitment Plan, you will be subject to and charged a cancellation fee up to USD $150 in the US should you elect to terminate the Professional Services cleaning plan prior to the expiration of your minimum commitment period.
- Rescheduling Cleaning Plan appointments during the Minimum Commitment Period: If you have selected a Professional Services cleaning plan with a minimum commitment, you can reschedule any cleaning plan appointment for free at least 24 hours in advance of the scheduled start time, provided such rescheduled appointment will occur within the minimum commitment period. If you reschedule between 2-24 hours before a scheduled Professional Service appointment, you will be charged a USD $15 fee. If you reschedule during the 2 hours before a scheduled Professional Service appointment, you will be charged the full Professional Service amount. If you skip any cleaning plan appointment within the minimum commitment period or reschedule any cleaning plan appointment within the minimum commitment period to outside of the minimum commitment period, your credit card will be charged for the amount of the appointment and in addition, your account will be credited the amount you are charged. Such merchandise credit will be available for your use during the minimum commitment period only as a merchandise credit to use to book one-off replacement cleaning appointments or handyman appointments, and after the minimum commitment period ends, you may apply such merchandise credits to cleaning appointments and handyman appointments. No monetary refunds will be provided for cleaning plan appointments that are skipped within the minimum commitment period or any cleaning plan appointment within the minimum commitment period that is rescheduled to outside of the minimum commitment period. In addition to the foregoing, if you skip any cleaning plan appointment between 2-24 hours before a scheduled appointment, you will also be charged an additional USD $15 cancellation fee and if you skip any cleaning plan appointment during the 2 hours before a scheduled appointment, you will be charged the full amount of the appointment, and will not be eligible for any credit.
- Expiration of Cleaning Plan with Minimum Commitment; AUTOMATIC RENEWAL. Once your minimum commitment period is complete, your selected plan will remain active and convert to a Recurrent Service without a minimum commitment. The HomeAdvisor Platform will automatically schedule Professional Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRENT SERVICE AFTER END OF MINIMUM COMMITMENT PERIOD: After your minimum commitment period is complete, you may cancel your plan at any time by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. YOU MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO YOUR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR YOUR NEXT PROFESSIONAL SERVICE IN ACCORDANCE WITH THE CANCELLATION POLICY SET FORTH BELOW.
- Cancellation Policy for Service Cancellation by Requester of Cleaning Plans without a Minimum Commitment, Cleaning Plans after completion of the Minimum Commitment period and One-Time Professional Service appointments. HomeAdvisor's cancellation policy for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the HomeAdvisor Platform at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159.
- HomeAdvisor Savings Membership.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Platform Membership ("HomeAdvisor Platform Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Platform Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR PLATFORM MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR PLATFORM MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Platform Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period.
- Savings Membership
- Policy for Service Cancellation by Professional. When a Professional cancels a scheduled Professional Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Professional Service request available for another Professional to select. However, HomeAdvisor cannot guarantee that a canceled Professional Service appointment will be selected by another Professional and rescheduled or that the Professional Service request will be completed. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment. Professionals who cancel a scheduled Professional Service appointment may incur fees as provided in the Service Agreement.
- Special Promotions; Gift Cards and Vouchers.
- Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
- Promotional Credit. Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit. HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use the HomeAdvisor Platform. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable. Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services. Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit. Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- Referral Credits. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral credits are redeemable only for Professional Services. HomeAdvisor referral credits have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at https://www.homeadvisor.com/contact/.
- Vouchers. HomeAdvisor vouchers or promotional codes for special offers or discounts ("Vouchers") may be available and can be used to pay in part or in full for Professional Services. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions. You agree that you will comply with all Voucher terms and conditions. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards.
- Gift Cards. HomeAdvisor Gift Cards ("Gift Cards") are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards. You agree that you will comply with all Gift Card terms and conditions. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $10,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $2,000 in any one day. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift. A Gift Card is void if copied, altered, transferred, purchased or sold. Purchases of Gift Cards are final and not refundable. All sales are final. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors. Gift Cards and their use are subject to this Agreement (including the Privacy Policy) and use of a Gift Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to a Gift Card require additional or different terms and conditions, then such terms and conditions shall apply. For questions or additional information, contact us at https://www.homeadvisor.com/contact/. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps 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. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked 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. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected]. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
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 or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps 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. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. 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. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY 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 IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 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 or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps 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, 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. 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 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 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 out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective November 21, 2019 to December 3, 2019
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES (FIXED PRICE SERVICES ARE SET FORTH IN SECTION 12)
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, 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 are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings 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. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. 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 employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. 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. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, 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.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. 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 claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties 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 or non-personal purposes, including but not limited to activities such as hacking, scraping content, 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2, #7, you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, 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 website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. 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, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, 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, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. 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 HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that 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 HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HOMEADVISOR AND THE SERVICE PROFESSIONALS, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
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 HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, 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 HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") 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. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES. PLEASE SEE SECTION 12 FOR SCREENING FOR FIXED PRICE SERVICES)
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
- Legal Search for Civil Judgments - We use third party data sources to check, within the 12 months prior to the service professional's application for membership in the HomeAdvisor network, for significant state-level civil legal judgments or liens entered against the owner/principal by business customers and for bankruptcy filings by or against the owner/principal, in the state in which the owner/principal of the company is located.
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor 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 HomeAdvisor 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: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING 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. - AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 10. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that - Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- FIXED PRICE SERVICES
- HomeAdvisor (through its affiliate, Handy Technologies, Inc.), provides certain services labeled "Fixed Price Services." Through Fixed-Price Services, you will pay for your home service upfront and book the time and date of your service through our secure online portal. HOMEADVISOR, THROUGH THE HOMEADVISOR PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. HOMEADVISOR IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.
- SCREENING FOR FIXED PRICED SERVICES (NOTE: SCREENING FOR STANDARD SERVICES CAN BE FOUND IN SECTION 10).
For Fixed Price Services, except as noted below, we use a multi-step process to screen potential cleaning and handyman service professionals. The process is designed to filter qualified potential cleaning and handyman service professionals with appropriate backgrounds in compliance with applicable law. The potential cleaning and handyman service professional must provide detailed personal information. These service professionals must provide their full name, address, date of birth, social security number, and a valid form of identification and validate their applicable home services experience. We verify these potential service professional's identities. For Fixed Price Services, we utilize Jumio, an identification verification company, to match the photographs and confirm the integrity of the identification documents. These service professionals then submit to a background check. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background (“Background Check Process”). Some service professionals are employees, franchisees, dealers, or independent contractors of larger national or corporate companies. For these professionals only the Background Check Process of the above screening process is performed.
Checkr's Background Check Process Checkr, a third-party background check provider accredited by the National Association of Professional Background Screeners, conducts a record search which looks back at least seven years or longer in other jurisdictions when permitted by applicable law and available records. Checkr specifically conducts the following checks and searches: - Fixed Price Services Recommendations Explanation. All recommended Fixed Price Professionals have received a "star" rating of at least four stars. These Fixed Price Professionals are recommended by other consumers, not by HomeAdvisor, and the number of reviews represents the number of reviews for all Fixed Price Services rather than for a particular category of Fixed Price Services or a particular Fixed Price Professional.
- Fixed Price Payments
- Payments. Users of the HomeAdvisor Platform for Fixed Price Services purchased and paid for on the HomeAdvisor website, contract for Professional Services directly with other Users. HomeAdvisor is not a party to any contracts for Professional Services. The HomeAdvisor Platform facilitates these contracts by supplying a medium through which individuals seeking to obtain services ("Requesters") can connect with with independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested ("Professionals"), schedule certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as "Professional Services", and make payments for Professional Services ("Payments"). Requesters are obligated to pay in advance for the Professional Services they order through the HomeAdvisor Platform. Prior to the scheduled Professional Service, we will charge the Requester's credit card according to the amount the Requester and Service Provider have agreed to on the HomeAdvisor Platform with respect to all Professional Services, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses and applicable taxes associated with a Professional Service as well as the Trust and Support Fee (as defined in Section 12.e. below), and the Requester hereby authorizes us to charge the credit card on file in the Requester's HomeAdvisor Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying HomeAdvisor. Requesters must notify HomeAdvisor by changing the date or hours of the requested Professional Service through the HomeAdvisor Platform. All Payments by Requesters must be made through the HomeAdvisor Platform. Any Payments paid or Professional Services scheduled outside of the HomeAdvisor Platform are not subject to our HomeAdvisor Happiness Guarantee in Section 12.d. below. Except for the HomeAdvisor Happiness Guarantee in Section 12.d., no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (a) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (b) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (c) reverse any credits to your bank account; or (d) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Job Rate. The rate per hour for a Professional Service ("Job Rate") depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting a Professional Service, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis ("Recurrent Service"). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the HomeAdvisor platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. HomeAdvisor cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED PROFESSIONAL SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRENT SERVICE: Requesters may cancel the automatically renewing Recurrent Service at any time AT ANY TIME by visiting the HomeAdvisor Help Center https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT PROFESSIONAL SERVICE PURSUANT TO HOMEADVISOR’S CANCELLATION POLICY AS SET FORTH BELOW.
- HomeAdvisor Happiness Guarantee (APPLIES ONLY TO FIXED PRICE SERVICES); Claims
- The HomeAdvisor Happiness Guarantee provides certain limited additional protections for Professional Services. Pursuant to the HomeAdvisor Happiness Guarantee and subject to the below terms and conditions and limitations, HomeAdvisor will compensate Requesters: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Professional during performance of a Professional Service or (b),, provided, however, for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Professional during performance of a Professional Service the amount shall be limited to up to USD $1,000; or (b) subject to the exclusions below, up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Professional during performance of a Professional Service. The Service Requester is eligible for the HomeAdvisor Happiness Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service Provider's Completion of the Professional Service to our Requester by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/. If the Service Requester does not report the issue within seventy-two (72) hours of the Professional Service appointment, the claim is ineligible for the HomeAdvisor Happiness Guarantee. For Recurrent Services, each Professional Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), You agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein
- A Requester will be covered under the HomeAdvisor Happiness Guarantee for a Professional Service, subject to the exclusions in subsection (iv) below, provided:
- The Professional Service is agreed to between a Requester and a Professional using the HomeAdvisor Platform, performed by the Professional hired by the Requester and paid for in full through the HomeAdvisor Platform;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Service Provider's completion of the Professional Service; and
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor.
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Professional prior to the start of the Professional Service; andThe Requestor has accounted for and secured all valuables prior to the start of a Professional Service.
- What is excluded from the HomeAdvisor Happiness Guarantee? The "HomeAdvisor Happiness Guarantee" does not cover the following:
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Professional;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Section 2 and Section 20 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Professional Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Professional Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through the HomeAdvisor Platform; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Professional Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Happiness Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Happiness Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Professional; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Happiness Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer be eligible for the HomeAdvisor Happiness Guarantee.
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Cleaning Plan with a Minimum Commitment.
- Minimum Commitment Plan Term: If you have selected a Professional Services cleaning plan ("Minimum Commitment Plan"), your Minimum Commitment Plan term commences on the date of your first appointment.
- Minimum Commitment Plan Cancellation Fee: If you have selected a Minimum Commitment Plan, you will be subject to and charged a cancellation fee up to USD $150 in the US should you elect to terminate the Professional Services cleaning plan prior to the expiration of your minimum commitment period.
- Rescheduling Cleaning Plan appointments during the Minimum Commitment Period: If you have selected a Professional Services cleaning plan with a minimum commitment, you can reschedule any cleaning plan appointment for free at least 24 hours in advance of the scheduled start time, provided such rescheduled appointment will occur within the minimum commitment period. If you reschedule between 2-24 hours before a scheduled Professional Service appointment, you will be charged a USD $15 fee. If you reschedule during the 2 hours before a scheduled Professional Service appointment, you will be charged the full Professional Service amount. If you skip any cleaning plan appointment within the minimum commitment period or reschedule any cleaning plan appointment within the minimum commitment period to outside of the minimum commitment period, your credit card will be charged for the amount of the appointment and in addition, your account will be credited the amount you are charged. Such merchandise credit will be available for your use during the minimum commitment period only as a merchandise credit to use to book one-off replacement cleaning appointments or handyman appointments, and after the minimum commitment period ends, you may apply such merchandise credits to cleaning appointments and handyman appointments. No monetary refunds will be provided for cleaning plan appointments that are skipped within the minimum commitment period or any cleaning plan appointment within the minimum commitment period that is rescheduled to outside of the minimum commitment period. In addition to the foregoing, if you skip any cleaning plan appointment between 2-24 hours before a scheduled appointment, you will also be charged an additional USD $15 cancellation fee and if you skip any cleaning plan appointment during the 2 hours before a scheduled appointment, you will be charged the full amount of the appointment, and will not be eligible for any credit.
- Expiration of Cleaning Plan with Minimum Commitment; AUTOMATIC RENEWAL. Once your minimum commitment period is complete, your selected plan will remain active and convert to a Recurrent Service without a minimum commitment. The HomeAdvisor Platform will automatically schedule Professional Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRENT SERVICE AFTER END OF MINIMUM COMMITMENT PERIOD: After your minimum commitment period is complete, you may cancel your plan at any time by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. YOU MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO YOUR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR YOUR NEXT PROFESSIONAL SERVICE IN ACCORDANCE WITH THE CANCELLATION POLICY SET FORTH BELOW.
- Cancellation Policy for Service Cancellation by Requester of Cleaning Plans without a Minimum Commitment, Cleaning Plans after completion of the Minimum Commitment period and One-Time Professional Service appointments. HomeAdvisor's cancellation policy for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the HomeAdvisor Platform at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159.
- HomeAdvisor Savings Membership.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Platform Membership ("HomeAdvisor Platform Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Platform Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR PLATFORM MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR PLATFORM MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Platform Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period.
- Savings Membership
- Policy for Service Cancellation by Professional. When a Professional cancels a scheduled Professional Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Professional Service request available for another Professional to select. However, HomeAdvisor cannot guarantee that a canceled Professional Service appointment will be selected by another Professional and rescheduled or that the Professional Service request will be completed. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment. Professionals who cancel a scheduled Professional Service appointment may incur fees as provided in the Service Agreement.
- Special Promotions; Gift Cards and Vouchers.
- Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
- Promotional Credit. Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit. HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use the HomeAdvisor Platform. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable. Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services. Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit. Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- Referral Credits. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral credits are redeemable only for Professional Services. HomeAdvisor referral credits have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at https://www.homeadvisor.com/contact/.
- Vouchers. HomeAdvisor vouchers or promotional codes for special offers or discounts ("Vouchers") may be available and can be used to pay in part or in full for Professional Services. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions. You agree that you will comply with all Voucher terms and conditions. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards.
- Gift Cards. HomeAdvisor Gift Cards ("Gift Cards") are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards. You agree that you will comply with all Gift Card terms and conditions. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $10,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $2,000 in any one day. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift. A Gift Card is void if copied, altered, transferred, purchased or sold. Purchases of Gift Cards are final and not refundable. All sales are final. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors. Gift Cards and their use are subject to this Agreement (including the Privacy Policy) and use of a Gift Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to a Gift Card require additional or different terms and conditions, then such terms and conditions shall apply. For questions or additional information, contact us at https://www.homeadvisor.com/contact/. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps 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. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked 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. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected]. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
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 or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps 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. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. 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. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY 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 IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 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 or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps 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, 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. 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 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 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 out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective November 19, 2019 to November 21, 2019
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES (FIXED PRICE SERVICES ARE SET FORTH IN SECTION 12)
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, 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 are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings 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. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. 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 employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. 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. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, 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.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. 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 claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties 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 or non-personal purposes, including but not limited to activities such as hacking, scraping content, 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2, #7, you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, 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 website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. 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, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, 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, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. 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 HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that 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 HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HomeAdvisor AND THE SERVICE PROFESSIONALS, 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 HomeAdvisor AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
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 HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, 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 HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") 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. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRE SCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES. PLEASE SEE SECTION 12 FOR SCREENING FOR FIXED PRICE SERVICES)
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
- Legal Search for Civil Judgments - We use third party data sources to check, within the 12 months prior to the service professional's application for membership in the HomeAdvisor network, for significant state-level civil legal judgments or liens entered against the owner/principal by business customers and for bankruptcy filings by or against the owner/principal, in the state in which the owner/principal of the company is located.
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor 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 HomeAdvisor 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: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING 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. - AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 10. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that - Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- FIXED PRICE SERVICES
- HomeAdvisor (through its affiliate, Handy, Inc.), provides certain services labeled "Fixed Price Services." Through Fixed-Price Services, you will pay for your home service upfront and book the time and date of your service through our secure online portal. HOMEADVISOR, THROUGH THE HOMEADVISOR PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. HOMEADVISOR IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.
- SCREENING FOR FIXED PRICED SERVICES (NOTE: SCREENING FOR STANDARD SERVICES CAN BE FOUND IN SECTION 10).
For Fixed Price Services, we use a multi-step process to screen potential cleaning and handyman service professionals. The process is designed to filter qualified potential cleaning and handyman service professionals with appropriate backgrounds in compliance with applicable law. The potential cleaning and handyman service professional must provide detailed personal information. These service professionals must provide their full name, address, date of birth, social security number, and a valid form of identification and validate their applicable home services experience. We verify these potential service professional's identities. For Fixed Price Services, we utilize Jumio, an identification verification company, to match the photographs and confirm the integrity of the identification documents. These service professionals then submit to a background check. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks.
Checkr's Background Check ProcessCheckr, a third-party background check provider accredited by the National Association of Professional Background Screeners, conducts a record search which looks back at least seven years or longer in other jurisdictions when permitted by applicable law and available records. Checkr specifically conducts the following checks and searches:IDENTITY VERIFICATION Social Security Number (SSN) verification is the most efficient way to verify these potential service professional's identities. If an identity cannot be verified, the Checkr system alerts these potential service professionals to request additional documentation.ADDRESS HISTORY Checkr's Identity Check includes a trace of all known domestic addresses over the past seven years. Based on this information, Checkr searches relevant court jurisdictions for the same time period.Criminal Records CheckCOUNTY CRIMINAL RECORDS CHECK Checkr performs direct searches of county court records. Results include felony and misdemeanor criminal cases as well as, charges, disposition, dates and sentencing information.NATIONAL CRIMINAL RECORDS CHECK This check scours over 30 million records and is run concurrent with the county criminal records check.GLOBAL WATCHLIST CHECK This check searches known domestic and international terrorist watchlists as well as the records of the Office of Inspector General (OIG), Excluded Parties List (EPL) and additional domestic and international agency lists.SEX OFFENDER REGISTRY CHECK Checkr searches registries for every state. In certain states, the information publicly available does not include all registered sex offenders and may not include all out-of-state sex offenders, depending on variations in state law.Review & ActivationFor Fixed Price Services, we review the background checks in compliance with applicable law before determining whether such applicant should be activated to use the platform. - Fixed Price Services Recommendations Explanation. All recommended Fixed Price Professionals have received a "star" rating of at least four stars. These Fixed Price Professionals are recommended by other consumers, not by HomeAdvisor, and the number of reviews represents the number of reviews for all Fixed Price Services rather than for a particular category of Fixed Price Services or a particular Fixed Price Professional.
- Fixed Price Payments
- Payments. Users of the HomeAdvisor Platform for Fixed Price Services purchased and paid for on the HomeAdvisor website, contract for Professional Services directly with other Users. HomeAdvisor is not a party to any contracts for Professional Services. The HomeAdvisor Platform facilitates these contracts by supplying a medium through which individuals seeking to obtain services ("Requesters") can connect with individuals seeking to provide services ("Professionals"), schedule certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as "Professional Services", and make payments for Professional Services ("Payments"). Requesters are obligated to pay in advance for the Professional Services they order through the HomeAdvisor Platform. Prior to the scheduled Professional Service, we will charge the Requester's credit card according to the amount the Requester has agreed to on the HomeAdvisor Platform with respect to all Professional Services, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees or expenses associated with a Professional Service as well as the Trust and Support Fee (as defined in Section 12.e. below), and the Requester hereby authorizes us to charge the credit card on file in the Requester's HomeAdvisor Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying HomeAdvisor. Requesters must notify HomeAdvisor by changing the date or hours of the requested Professional Service through the HomeAdvisor Platform. All Payments by Requesters must be made through the HomeAdvisor Platform. Any Payments paid or Professional Services scheduled outside of the HomeAdvisor Platform are not subject to our HomeAdvisor Happiness Guarantee in Section 12.d. below. Except for the HomeAdvisor Happiness Guarantee in Section 12.d., no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (a) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (b) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (c) reverse any credits to your bank account; or (d) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Job Rate. The rate per hour for a Professional Service ("Job Rate") depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.
- Recurrent Service. When requesting a Professional Service, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis ("Recurrent Service"). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the HomeAdvisor platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Requester's credit card will be charged the same non-promotional amount, as originally disclosed to Requester at the time of signing up for Recurrent Service for the Recurrent Service as the Professional Service appointments occur and for any applicable cancellation fees. HomeAdvisor cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled. Requesters may cancel the Recurrent Service at any time by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Requesters must cancel more than twenty-four hours prior to the Professional Service in order to avoid being charged any cancellation fees and/or for the next Professional Service. After signing up for a Recurrent Service, you will be provided an email acknowledgment which includes information on how to cancel.
- HomeAdvisor Happiness Guarantee (APPLIES ONLY TO FIXED PRICE SERVICES); Claims
- The HomeAdvisor Happiness Guarantee provides certain limited additional protections for Professional Services. Pursuant to the HomeAdvisor Happiness Guarantee and subject to the below terms and conditions and limitations, HomeAdvisor will compensate Requesters: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Professional during performance of a Professional Service or (b),, provided, however, for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Professional during performance of a Professional Service the amount shall be limited to up to USD $1,000; or (b) subject to the exclusions below, up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Professional during performance of a Professional Service. The Service Requester is eligible for the HomeAdvisor Happiness Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Professional Service appointment to our Requester service by visiting the Handy Contact Center at https://www.homeadvisor.com/contact/. If the Service Requester does not report the issue within seventy-two (72) hours of the Professional Service appointment, the claim is ineligible for the HomeAdvisor Happiness Guarantee. For Recurring Services, each Professional Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), You agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein
- A Requester will be covered under the HomeAdvisor Happiness Guarantee for a Professional Service, subject to the exclusions in subsection (iv) below, provided:
- The Professional Service is agreed to between a Requester and a Professional using the HomeAdvisor Platform, performed by the Professional hired by the Requester and paid for in full through the HomeAdvisor Platform;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Professional Service; and
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor.
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Professional prior to the start of the Professional Service; andThe Requestor has accounted for and secured all valuables prior to the start of a Professional Service.
- What is excluded from the HomeAdvisor Happiness Guarantee? The "HomeAdvisor Happiness Guarantee" does not cover the following:
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Professional;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Section 2 and Section 20 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Professional Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Professional Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through the HomeAdvisor Platform; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Professional Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Happiness Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Happiness Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Professional; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Happiness Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer be eligible for the Handy Happiness Guarantee.
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price services (e.g., if you requested a Recurring Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Cleaning Plan with a Minimum Commitment.
- Minimum Commitment Plan Term: If you have selected a Professional Services cleaning plan with a minimum commitment, your minimum commitment plan term commences on the date of your first appointment.
- Minimum Commitment Plan Cancellation Fee: If you have selected a Professional Services cleaning plan with a minimum commitment, you will be subject to and charged a cancellation fee up to USD $150 in the US should you elect to terminate the Professional Services cleaning plan prior to the expiration of your minimum commitment period.
- Rescheduling Cleaning Plan appointments during the Minimum Commitment Period: If you have selected a Professional Services cleaning plan with a minimum commitment, you can reschedule any cleaning plan appointment for free at least 24 hours in advance of the scheduled start time, provided such rescheduled appointment will occur within the minimum commitment period. If you reschedule between 2-24 hours before a scheduled Professional Service appointment, you will be charged a USD $15 fee. If you reschedule during the 2 hours before a scheduled Professional Service appointment, you will be charged the full Professional Service amount. If you skip any cleaning plan appointment within the minimum commitment period or reschedule any cleaning plan appointment within the minimum commitment period to outside of the minimum commitment period, your credit card will be charged for the amount of the appointment and in addition, your account will be credited the amount you are charged. Such merchandise credit will be available for your use during the minimum commitment period only as a merchandise credit to use to book one-off replacement cleaning appointments or handyman appointments, and after the minimum commitment period ends, you may apply such merchandise credits to cleaning appointments and handyman appointments. No monetary refunds will be provided for cleaning plan appointments that are skipped within the minimum commitment period or any cleaning plan appointment within the minimum commitment period that is rescheduled to outside of the minimum commitment period. In addition to the foregoing, if you skip any cleaning plan appointment between 2-24 hours before a scheduled appointment, you will also be charged an additional USD $15 cancellation fee and if you skip any cleaning plan appointment during the 2 hours before a scheduled appointment, you will be charged the full amount of the appointment, and will not be eligible for any credit.
- Expiration of Cleaning Plan with Minimum Commitment. Once your minimum commitment period is complete, your selected plan will remain active and the HomeAdvisor Platform will automatically schedule Professional Service appointments to occur on future dates indefinitely at the frequency requested by you and will charge your credit card based on your selected time and frequency. You may cancel your plan in accordance with the cancellation policy set forth in Section 3.g. below.
- Cancellation Policy for Service Cancellation by Requester of Cleaning Plans without a Minimum Commitment, Cleaning Plans after completion of the Minimum Commitment period and One-Time Professional Service appointments. HomeAdvisor's cancellation policy for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the HomeAdvisor Platform at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159.
- HomeAdvisor Select.
- Membership: HomeAdvisor may from time to time offer Requesters the opportunity to purchase one-time cleaning Professional Services provided the Requester first agrees to purchase an annual or monthly HomeAdvisor Platform Select Membership ("HomeAdvisor Select").
- Billing and Renewal: When you first sign up and purchase HomeAdvisor Select, you will be billed immediately for your initial HomeAdvisor Select subscription period. By enrolling in HomeAdvisor Select, in addition to any Professional Services you purchase through HomeAdvisor Select, you authorize HomeAdvisor to charge you for your initial HomeAdvisor Select subscription period and a recurring annual or monthly membership at the then current rate, which may change from time to time. Your HomeAdvisor Select will automatically renew and prior to the start of the next subscription period, you will be charged the applicable HomeAdvisor Select fee to your provided payment method on a recurring basis until canceled as set forth herein.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SELECT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SELECT WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU. - Cancellation Fees: The cancellation and rescheduling of any cleaning Professional Service while you are enrolled in HomeAdvisor Select is subject to the cancellation policy, including the payment of any cancellation fees, as further described in Section 3.g. above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Select will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Select period will be based on the original enrollment or renewal date and not the date of the successful charge.
- Cancellation of HomeAdvisor Select: You will not be charged a HomeAdvisor Select fee for the subsequent period if you cancel your HomeAdvisor Select at least three days before your next HomeAdvisor Select renewal date. You may cancel your HomeAdvisor Select by visiting the Handy Contact Center at https://www.homeadvisor.com/contact/https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Select you will continue to have access to your HomeAdvisor Select through the end of your current paid HomeAdvisor Select period. Should you cancel your HomeAdvisor Select, HomeAdvisor reserves the right to cancel any Professional Service appointments scheduled outside the current paid HomeAdvisor Select period.
- HomeAdvisor Select Refunds: The HomeAdvisor Select fees are nonrefundable except as only permitted pursuant to this subsection (vi). Subject to the following sentence, if you cancel your purchase of HomeAdvisor Select within three days of (1) signing up for HomeAdvisor Select or (2) converting from a free HomeAdvisor Select trial to a paid HomeAdvisor Select, we will refund your HomeAdvisor Select fee. Notwithstanding the preceding sentence, you are not eligible for any refund of the HomeAdvisor Select fee (a) if you purchased HomeAdvisor Select prior to the expiration of the minimum commitment period of a Professional Services cleaning plan with a minimum commitment or (b) if you have used your HomeAdvisor Select membership to purchase any Professional Services.
- Membership Plans/Promotional Trial Memberships: HomeAdvisor sometimes offers certain Requesters various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers.
- Policy for Service Cancellation by Professional. When a Professional cancels a scheduled Professional Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Professional Service request available for another Professional to select. However, HomeAdvisor cannot guarantee that a canceled Professional Service appointment will be selected by another Professional and rescheduled or that the Professional Service request will be completed. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment. Professionals who cancel a scheduled Professional Service appointment may incur fees as provided in the Service Agreement.
- Special Promotions; Gift Cards and Vouchers.
- Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
- Promotional Credit. Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit. HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use the HomeAdvisor Platform. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable. Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services. Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit. Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- Referral Credits. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral credits are redeemable only for Professional Services. HomeAdvisor referral credits have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at https://www.homeadvisor.com/contact/.
- Vouchers. HomeAdvisor vouchers or promotional codes for special offers or discounts ("Vouchers") may be available and can be used to pay in part or in full for Professional Services. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions. You agree that you will comply with all Voucher terms and conditions. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards.
- Gift Cards. HomeAdvisor Gift Cards ("Gift Cards") are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards. You agree that you will comply with all Gift Card terms and conditions. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $10,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $2,000 in any one day. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift. A Gift Card is void if copied, altered, transferred, purchased or sold. Purchases of Gift Cards are final and not refundable. All sales are final. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors. Gift Cards and their use are subject to this Agreement (including the Privacy Policy) and use of a Gift Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to a Gift Card require additional or different terms and conditions, then such terms and conditions shall apply. For questions or additional information, contact us at https://www.homeadvisor.com/contact/. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps 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. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked 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. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected]. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
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 or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps 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. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. 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. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY 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 IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 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 or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps 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, 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. 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 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 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 out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective October 8, 2019 to November 19, 2019
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES (FIXED PRICE SERVICES ARE SET FORTH IN SECTION 12)
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, 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 are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings 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. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. 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 employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. 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. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, 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.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. 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 claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties 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 or non-personal purposes, including but not limited to activities such as hacking, scraping content, 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2, #7, you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, 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 website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. 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, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, 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, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. 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 HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that 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 HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HomeAdvisor AND THE SERVICE PROFESSIONALS, 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 HomeAdvisor AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
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 HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, 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 HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") 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. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRE SCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES. PLEASE SEE SECTION 12 FOR SCREENING FOR FIXED PRICE SERVICES)
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
- Legal Search for Civil Judgments - We use third party data sources to check, within the 12 months prior to the service professional's application for membership in the HomeAdvisor network, for significant state-level civil legal judgments or liens entered against the owner/principal by business customers and for bankruptcy filings by or against the owner/principal, in the state in which the owner/principal of the company is located.
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor 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 HomeAdvisor 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: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING 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. - AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 10. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that - Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- FIXED PRICE SERVICES
- HomeAdvisor (through its affiliate, Handy, Inc.), provides certain services labeled "Fixed Price Services." Through Fixed-Price Services, you will pay for your home service upfront and book the time and date of your service through our secure online portal. HOMEADVISOR, THROUGH THE HOMEADVISOR PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. HOMEADVISOR IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.
- SCREENING FOR FIXED PRICED SERVICES (NOTE: SCREENING FOR STANDARD SERVICES CAN BE FOUND IN SECTION 10).
For Fixed Price Services, we use a multi-step process to screen potential cleaning and handyman service professionals. The process is designed to filter qualified potential cleaning and handyman service professionals with appropriate backgrounds in compliance with applicable law. The potential cleaning and handyman service professional must provide detailed personal information. These service professionals must provide their full name, address, date of birth, social security number, and a valid form of identification and validate their applicable home services experience. We verify these potential service professional's identities. For Fixed Price Services, we utilize Jumio, an identification verification company, to match the photographs and confirm the integrity of the identification documents. These service professionals then submit to a background check. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks.
Checkr's Background Check ProcessCheckr, a third-party background check provider accredited by the National Association of Professional Background Screeners, conducts a record search which looks back at least seven years or longer in other jurisdictions when permitted by applicable law and available records. Checkr specifically conducts the following checks and searches:IDENTITY VERIFICATION Social Security Number (SSN) verification is the most efficient way to verify these potential service professional's identities. If an identity cannot be verified, the Checkr system alerts these potential service professionals to request additional documentation.ADDRESS HISTORY Checkr's Identity Check includes a trace of all known domestic addresses over the past seven years. Based on this information, Checkr searches relevant court jurisdictions for the same time period.Criminal Records CheckCOUNTY CRIMINAL RECORDS CHECK Checkr performs direct searches of county court records. Results include felony and misdemeanor criminal cases as well as, charges, disposition, dates and sentencing information.NATIONAL CRIMINAL RECORDS CHECK This check scours over 30 million records and is run concurrent with the county criminal records check.GLOBAL WATCHLIST CHECK This check searches known domestic and international terrorist watchlists as well as the records of the Office of Inspector General (OIG), Excluded Parties List (EPL) and additional domestic and international agency lists.SEX OFFENDER REGISTRY CHECK Checkr searches registries for every state. In certain states, the information publicly available does not include all registered sex offenders and may not include all out-of-state sex offenders, depending on variations in state law.Review & ActivationFor Fixed Price Services, we review the background checks in compliance with applicable law before determining whether such applicant should be activated to use the platform. - Fixed Price Services Recommendations Explanation. All recommended Fixed Price Professionals have received a "star" rating of at least four stars. These Fixed Price Professionals are recommended by other consumers, not by HomeAdvisor, and the number of reviews represents the number of reviews for all Fixed Price Services rather than for a particular category of Fixed Price Services or a particular Fixed Price Professional.
- Fixed Price Payments
- Payments. Users of the HomeAdvisor Platform for Fixed Price Services purchased and paid for on the HomeAdvisor website, contract for Professional Services directly with other Users. HomeAdvisor is not a party to any contracts for Professional Services. The HomeAdvisor Platform facilitates these contracts by supplying a medium through which individuals seeking to obtain services ("Requesters") can connect with individuals seeking to provide services ("Professionals"), schedule certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as "Professional Services", and make payments for Professional Services ("Payments"). Requesters are obligated to pay in advance for the Professional Services they order through the HomeAdvisor Platform. Prior to the scheduled Professional Service, we will charge the Requester's credit card according to the amount the Requester has agreed to on the HomeAdvisor Platform with respect to all Professional Services, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees or expenses associated with a Professional Service as well as the Trust and Support Fee (as defined in Section 12.e. below), and the Requester hereby authorizes us to charge the credit card on file in the Requester's HomeAdvisor Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying HomeAdvisor. Requesters must notify HomeAdvisor by changing the date or hours of the requested Professional Service through the HomeAdvisor Platform. All Payments by Requesters must be made through the HomeAdvisor Platform. Any Payments paid or Professional Services scheduled outside of the HomeAdvisor Platform are not subject to our HomeAdvisor Happiness Guarantee in Section 12.d. below. Except for the HomeAdvisor Happiness Guarantee in Section 12.d., no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (a) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (b) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (c) reverse any credits to your bank account; or (d) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Job Rate. The rate per hour for a Professional Service ("Job Rate") depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.
- Recurrent Service. When requesting a Professional Service, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis ("Recurrent Service"). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the HomeAdvisor platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Requester's credit card will be charged the same non-promotional amount, as originally disclosed to Requester at the time of signing up for Recurrent Service for the Recurrent Service as the Professional Service appointments occur and for any applicable cancellation fees. HomeAdvisor cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled. Requesters may cancel the Recurrent Service at any time by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Requesters must cancel more than twenty-four hours prior to the Professional Service in order to avoid being charged any cancellation fees and/or for the next Professional Service. After signing up for a Recurrent Service, you will be provided an email acknowledgment which includes information on how to cancel.
- HomeAdvisor Happiness Guarantee (APPLIES ONLY TO FIXED PRICE SERVICES); Claims
- The HomeAdvisor Happiness Guarantee provides certain limited additional protections for Professional Services. Pursuant to the HomeAdvisor Happiness Guarantee and subject to the below terms and conditions and limitations, HomeAdvisor will compensate Requesters: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Professional during performance of a Professional Service or (b),, provided, however, for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Professional during performance of a Professional Service the amount shall be limited to up to USD $1,000; or (b) subject to the exclusions below, up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Professional during performance of a Professional Service. The Service Requester is eligible for the HomeAdvisor Happiness Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Professional Service appointment to our Requester service by visiting the Handy Contact Center at https://www.homeadvisor.com/contact/. If the Service Requester does not report the issue within seventy-two (72) hours of the Professional Service appointment, the claim is ineligible for the HomeAdvisor Happiness Guarantee. For Recurring Services, each Professional Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), You agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein
- A Requester will be covered under the HomeAdvisor Happiness Guarantee for a Professional Service, subject to the exclusions in subsection (iv) below, provided:
- The Professional Service is agreed to between a Requester and a Professional using the HomeAdvisor Platform, performed by the Professional hired by the Requester and paid for in full through the HomeAdvisor Platform;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Professional Service; and
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor.
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Professional prior to the start of the Professional Service; andThe Requestor has accounted for and secured all valuables prior to the start of a Professional Service.
- What is excluded from the HomeAdvisor Happiness Guarantee? The "HomeAdvisor Happiness Guarantee" does not cover the following:
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Professional;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Section 2 and Section 20 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Professional Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Professional Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through the HomeAdvisor Platform; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Professional Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Happiness Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Happiness Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Professional; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Happiness Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer be eligible for the Handy Happiness Guarantee.
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price services (e.g., if you requested a Recurring Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Cleaning Plan with a Minimum Commitment.
- Minimum Commitment Plan Term: If you have selected a Professional Services cleaning plan with a minimum commitment, your minimum commitment plan term commences on the date of your first appointment.
- Minimum Commitment Plan Cancellation Fee: If you have selected a Professional Services cleaning plan with a minimum commitment, you will be subject to and charged a cancellation fee up to USD $150 in the US should you elect to terminate the Professional Services cleaning plan prior to the expiration of your minimum commitment period.
- Rescheduling Cleaning Plan appointments during the Minimum Commitment Period: If you have selected a Professional Services cleaning plan with a minimum commitment, you can reschedule any cleaning plan appointment for free at least 24 hours in advance of the scheduled start time, provided such rescheduled appointment will occur within the minimum commitment period. If you reschedule between 2-24 hours before a scheduled Professional Service appointment, you will be charged a USD $15 fee. If you reschedule during the 2 hours before a scheduled Professional Service appointment, you will be charged the full Professional Service amount. If you skip any cleaning plan appointment within the minimum commitment period or reschedule any cleaning plan appointment within the minimum commitment period to outside of the minimum commitment period, your credit card will be charged for the amount of the appointment and in addition, your account will be credited the amount you are charged. Such merchandise credit will be available for your use during the minimum commitment period only as a merchandise credit to use to book one-off replacement cleaning appointments or handyman appointments, and after the minimum commitment period ends, you may apply such merchandise credits to cleaning appointments and handyman appointments. No monetary refunds will be provided for cleaning plan appointments that are skipped within the minimum commitment period or any cleaning plan appointment within the minimum commitment period that is rescheduled to outside of the minimum commitment period. In addition to the foregoing, if you skip any cleaning plan appointment between 2-24 hours before a scheduled appointment, you will also be charged an additional USD $15 cancellation fee and if you skip any cleaning plan appointment during the 2 hours before a scheduled appointment, you will be charged the full amount of the appointment, and will not be eligible for any credit.
- Expiration of Cleaning Plan with Minimum Commitment. Once your minimum commitment period is complete, your selected plan will remain active and the HomeAdvisor Platform will automatically schedule Professional Service appointments to occur on future dates indefinitely at the frequency requested by you and will charge your credit card based on your selected time and frequency. You may cancel your plan in accordance with the cancellation policy set forth in Section 3.g. below.
- Cancellation Policy for Service Cancellation by Requester of Cleaning Plans without a Minimum Commitment, Cleaning Plans after completion of the Minimum Commitment period and One-Time Professional Service appointments. HomeAdvisor's cancellation policy for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the HomeAdvisor Platform at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159.
- HomeAdvisor Select.
- Membership: HomeAdvisor may from time to time offer Requesters the opportunity to purchase one-time cleaning Professional Services provided the Requester first agrees to purchase an annual or monthly HomeAdvisor Platform Select Membership ("HomeAdvisor Select").
- Billing and Renewal: When you first sign up and purchase HomeAdvisor Select, you will be billed immediately for your initial HomeAdvisor Select subscription period. By enrolling in HomeAdvisor Select, in addition to any Professional Services you purchase through HomeAdvisor Select, you authorize HomeAdvisor to charge you for your initial HomeAdvisor Select subscription period and a recurring annual or monthly membership at the then current rate, which may change from time to time. Your HomeAdvisor Select will automatically renew and prior to the start of the next subscription period, you will be charged the applicable HomeAdvisor Select fee to your provided payment method on a recurring basis until canceled as set forth herein.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SELECT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SELECT WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU. - Cancellation Fees: The cancellation and rescheduling of any cleaning Professional Service while you are enrolled in HomeAdvisor Select is subject to the cancellation policy, including the payment of any cancellation fees, as further described in Section 3.g. above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Select will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Select period will be based on the original enrollment or renewal date and not the date of the successful charge.
- Cancellation of HomeAdvisor Select: You will not be charged a HomeAdvisor Select fee for the subsequent period if you cancel your HomeAdvisor Select at least three days before your next HomeAdvisor Select renewal date. You may cancel your HomeAdvisor Select by visiting the Handy Contact Center at https://www.homeadvisor.com/contact/https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Select you will continue to have access to your HomeAdvisor Select through the end of your current paid HomeAdvisor Select period. Should you cancel your HomeAdvisor Select, HomeAdvisor reserves the right to cancel any Professional Service appointments scheduled outside the current paid HomeAdvisor Select period.
- HomeAdvisor Select Refunds: The HomeAdvisor Select fees are nonrefundable except as only permitted pursuant to this subsection (vi). Subject to the following sentence, if you cancel your purchase of HomeAdvisor Select within three days of (1) signing up for HomeAdvisor Select or (2) converting from a free HomeAdvisor Select trial to a paid HomeAdvisor Select, we will refund your HomeAdvisor Select fee. Notwithstanding the preceding sentence, you are not eligible for any refund of the HomeAdvisor Select fee (a) if you purchased HomeAdvisor Select prior to the expiration of the minimum commitment period of a Professional Services cleaning plan with a minimum commitment or (b) if you have used your HomeAdvisor Select membership to purchase any Professional Services.
- Membership Plans/Promotional Trial Memberships: HomeAdvisor sometimes offers certain Requesters various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers.
- Policy for Service Cancellation by Professional. When a Professional cancels a scheduled Professional Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Professional Service request available for another Professional to select. However, HomeAdvisor cannot guarantee that a canceled Professional Service appointment will be selected by another Professional and rescheduled or that the Professional Service request will be completed. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment. Professionals who cancel a scheduled Professional Service appointment may incur fees as provided in the Service Agreement.
- Special Promotions; Gift Cards and Vouchers.
- Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
- Promotional Credit. Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit. HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use the HomeAdvisor Platform. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable. Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services. Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit. Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- Referral Credits. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral credits are redeemable only for Professional Services. HomeAdvisor referral credits have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at https://www.homeadvisor.com/contact/.
- Vouchers. HomeAdvisor vouchers or promotional codes for special offers or discounts ("Vouchers") may be available and can be used to pay in part or in full for Professional Services. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions. You agree that you will comply with all Voucher terms and conditions. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards.
- Gift Cards. HomeAdvisor Gift Cards ("Gift Cards") are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards. You agree that you will comply with all Gift Card terms and conditions. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $10,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $2,000 in any one day. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift. A Gift Card is void if copied, altered, transferred, purchased or sold. Purchases of Gift Cards are final and not refundable. All sales are final. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors. Gift Cards and their use are subject to this Agreement (including the Privacy Policy) and use of a Gift Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to a Gift Card require additional or different terms and conditions, then such terms and conditions shall apply. For questions or additional information, contact us at https://www.homeadvisor.com/contact/. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps 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. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked 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. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected]. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
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 or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps 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. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. 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. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY 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 IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 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 or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps 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, 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. 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 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 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 out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Effective October 8, 2019 to October 8, 2019
DownloadTable of Contents
- INTRODUCTION TO HOMEADVISOR
Upon registration, you may choose your own password or HomeAdvisor will assign you a password to access the Services through the HomeAdvisor website or apps. - THE STANDARD SERVICES (FIXED PRICE SERVICES ARE SET FORTH IN SECTION 12)
At HomeAdvisor we are committed to making your total HomeAdvisor experience a positive one. There are several ways you can find service professionals through HomeAdvisor (collectively, "Service Professionals"). Profinder is our service where you request a referral for a specific task, and we refer you to up to four Service Professionals. Also you may select or search for individual Service Professionals from our Live Directory (a.k.a. Pro Reviews), a directory of Service Professional members along with their ratings and reviews. - ProFinder. Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, 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 are either capable or willing to complete your service needs.
- LiveDirectory (a.k.a. ProReviews). You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- Instant Connect. With Instant Connect, you can request that HomeAdvisor connect you with a Service Professional by phone immediately. If you request, HomeAdvisor will search for a Service Professional and connect you with them by phone.
- Instant Booking. You can choose to schedule appointments with certain of our Service Professionals right on the HomeAdvisor website. Please be aware that HomeAdvisor does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of HomeAdvisor. HomeAdvisor is solely providing the platform to facilitate scheduling of appointments between you and the Service Professionals.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings 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. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. 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 employees or agents of HomeAdvisor, nor is HomeAdvisor an agent of the Service Professionals.
- No Contracting via the HomeAdvisor Website. HomeAdvisor may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and HomeAdvisor does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the HomeAdvisor or apps, or which you find on the HomeAdvisor or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via HomeAdvisor. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via HomeAdvisor. To contract with a Service Professional, you must work directly with the Service Professional. 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. HomeAdvisor is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy HomeAdvisor on the fee disputes). YOU HEREBY AGREE TO RELEASE HomeAdvisor (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, 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.
- YOUR USE OF THE HOMEADVISOR SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of HomeAdvisor is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use HomeAdvisor to recreate or compete with HomeAdvisor, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. 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 claims against HomeAdvisor based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any HomeAdvisor Services, products or properties 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 or non-personal purposes, including but not limited to activities such as hacking, scraping content, 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. - PAYMENTS
We may allow you to pay for goods or services provided by Service Professionals, through the HomeAdvisor website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select, as set forth in in Section 2, #7, you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law. - INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using HomeAdvisor, 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 website or apps. Some of this information will be sent to Service Professionals, including Home Depot, who will need this information to respond to your request. 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, including Home Depot, via phone, fax, email, mail, text (SMS) messaging, push notifications, 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, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize HomeAdvisor to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either HomeAdvisor or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. 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 HomeAdvisor and/or a Service Professional and thus agree to be contacted by HomeAdvisor and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that 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 HomeAdvisor has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HomeAdvisor has the right to refuse any current or future use of the HomeAdvisor Services (or any portion thereof) by you. You are responsible for any use of the HomeAdvisor Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from HomeAdvisor at any time. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that HomeAdvisor or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to HomeAdvisor's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by HomeAdvisor. During this process, HomeAdvisor and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to HomeAdvisor's use and disclosure of this call data for its legitimate business purposes.
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 HomeAdvisor AND THE SERVICE PROFESSIONALS, 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 HomeAdvisor AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HomeAdvisor 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. - PLATFORM MESSAGING
By submitting a service request, you agree that HomeAdvisor and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Professionals, your use of HomeAdvisor Services may be impacted. HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform. - DISPUTE RESOLUTION ASSISTANCE
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 HomeAdvisor resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a Service Professional who you learned about through the HomeAdvisor Services. Without modifying our statements under this Agreement, 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 HomeAdvisor resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that HomeAdvisor is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional. - CALL RECORDING
You acknowledge and agree that HomeAdvisor may monitor and/or record any telephone calls between you and HomeAdvisor. - USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on HomeAdvisor, including but not limited to: - Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") 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. - Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant HomeAdvisor and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the HomeAdvisor and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to HomeAdvisor, you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. HomeAdvisor reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any HomeAdvisor owned or operated websites or apps if HomeAdvisor determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage HomeAdvisor.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- Ratings Explanation. Where Angie's List Service Professionals are displayed, the star rating is calculated based on a conversion of their Angie's List letter grade as follows:
Angie's List Grade HomeAdvisor Star Rating
A 5
B 4
C 3
D 2
F 1 - SERVICE PROFESSIONAL PRE SCREENING PROCEDURES AND DISCLAIMERS (DOES NOT APPLY TO FIXED PRICE SERVICES. PLEASE SEE SECTION 12 FOR SCREENING FOR FIXED PRICE SERVICES)
Unless otherwise noted on the screening tab of a Service Professional's profile page, HomeAdvisor.com uses the following criteria as part of its registration enrollment process ("registration") for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business' enrollment, and every two years thereafter: - Licensing - We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, HomeAdvisor relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional's application for membership in the HomeAdvisor network and every two years thereafter. HomeAdvisor's third-party vendor uses a national criminal database ("NCD") to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- Identity Verification (Social Security Number) - HomeAdvisor verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
- Legal Search for Civil Judgments - We use third party data sources to check, within the 12 months prior to the service professional's application for membership in the HomeAdvisor network, for significant state-level civil legal judgments or liens entered against the owner/principal by business customers and for bankruptcy filings by or against the owner/principal, in the state in which the owner/principal of the company is located.
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE HOMEADVISOR NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, HomeAdvisor does not screen the Corporate Accounts or Corporate SP's.
Service Professionals Profiles: HomeAdvisor allows Service Professionals to post profiles about themselves and their business on the HomeAdvisor or apps. HomeAdvisor does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. HomeAdvisor therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of HomeAdvisor. HomeAdvisor believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the HomeAdvisor network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. HomeAdvisor 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 HomeAdvisor 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: HOMEADVISOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING 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. - AFFILIATE SERVICE PROFESSIONAL PRE-SCREENING. While we will not match you with a service professional from our affiliates, we may display to you service professionals from our affiliates, including but not limited to Angie's List. These service professionals have NOT been screened by HomeAdvisor using the screening set forth in Section 10. Rather, these service professionals have been screened as follows:
HomeAdvisor will only display Angie's List Service professionals that - Have an Overall "A" or "B: rating from member reviews;
- Have passed all background checks established by Angie's List (as described below);
- Attest that they possess all applicable state and local licensing, registration, or other trade requirements to provide service for the Project or the project described in the Lead; and
- Are in good business standing with Angie's ListAngie's List has criminal background checks performed annually on the principal/owner or relevant manager of all "A"- and "B"-rated companies that are Certified Service Providers, that offer ecommerce offers, that receive leads through the Projects Submissions platform, or that are granted the Super Service Award. The background check currently is performed by American Business Services ("ABS"), a third-party screening company. Upon processing the background check, ABS will provide Angie's List with a simple "pass" or "fail" designation. A failed background check is one that finds one or more of the following: (1) any violent or theft conviction at a felony level in the last 7 years; (2) any sexual felony conviction or on a sexual offender registry at any time (no time limit); or (3) any pending felony charges involving any of types (1) or (2).ABS will provide Angie's List with only a pass or fail designation. Angie's List and its members will never see any content from background check results. Since we can only perform these background checks annually, we ask anyone with knowledge of legal, ethical or financial concerns regarding a company contact us by either logging in and selecting Send A Message using our contact form. Angie's List will investigate any information we receive regarding a company's background.While we always strive to provide the most current information, we also recommend that you perform your own research on the companies you hire.
- FIXED PRICE SERVICES
- HomeAdvisor (through its affiliate, Handy, Inc.), provides certain services labeled "Fixed Price Services." Through Fixed-Price Services, you will pay for your home service upfront and book the time and date of your service through our secure online portal. HOMEADVISOR, THROUGH THE HOMEADVISOR PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. HOMEADVISOR IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.
- SCREENING FOR FIXED PRICED SERVICES (NOTE: SCREENING FOR STANDARD SERVICES CAN BE FOUND IN SECTION 10).
For Fixed Price Services, we use a multi-step process to screen potential cleaning and handyman service professionals. The process is designed to filter qualified potential cleaning and handyman service professionals with appropriate backgrounds in compliance with applicable law. The potential cleaning and handyman service professional must provide detailed personal information. These service professionals must provide their full name, address, date of birth, social security number, and a valid form of identification and validate their applicable home services experience. We verify these potential service professional's identities. For Fixed Price Services, we utilize Jumio, an identification verification company, to match the photographs and confirm the integrity of the identification documents. These service professionals then submit to a background check. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks.
Checkr's Background Check ProcessCheckr, a third-party background check provider accredited by the National Association of Professional Background Screeners, conducts a record search which looks back at least seven years or longer in other jurisdictions when permitted by applicable law and available records. Checkr specifically conducts the following checks and searches:IDENTITY VERIFICATION Social Security Number (SSN) verification is the most efficient way to verify these potential service professional's identities. If an identity cannot be verified, the Checkr system alerts these potential service professionals to request additional documentation.ADDRESS HISTORY Checkr's Identity Check includes a trace of all known domestic addresses over the past seven years. Based on this information, Checkr searches relevant court jurisdictions for the same time period.Criminal Records CheckCOUNTY CRIMINAL RECORDS CHECK Checkr performs direct searches of county court records. Results include felony and misdemeanor criminal cases as well as, charges, disposition, dates and sentencing information.NATIONAL CRIMINAL RECORDS CHECK This check scours over 30 million records and is run concurrent with the county criminal records check.GLOBAL WATCHLIST CHECK This check searches known domestic and international terrorist watchlists as well as the records of the Office of Inspector General (OIG), Excluded Parties List (EPL) and additional domestic and international agency lists.SEX OFFENDER REGISTRY CHECK Checkr searches registries for every state. In certain states, the information publicly available does not include all registered sex offenders and may not include all out-of-state sex offenders, depending on variations in state law.Review & ActivationFor Fixed Price Services, we review the background checks in compliance with applicable law before determining whether such applicant should be activated to use the platform. - Fixed Price Services Recommendations Explanation. All recommended Fixed Price Professionals have received a "star" rating of at least four stars. These Fixed Price Professionals are recommended by other consumers, not by HomeAdvisor, and the number of reviews represents the number of reviews for all Fixed Price Services rather than for a particular category of Fixed Price Services or a particular Fixed Price Professional.
- Fixed Price Payments
- Payments. Users of the HomeAdvisor Platform for Fixed Price Services purchased and paid for on the HomeAdvisor website, contract for Professional Services directly with other Users. HomeAdvisor is not a party to any contracts for Professional Services. The HomeAdvisor Platform facilitates these contracts by supplying a medium through which individuals seeking to obtain services ("Requesters") can connect with individuals seeking to provide services ("Professionals"), schedule certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as "Professional Services", and make payments for Professional Services ("Payments"). Requesters are obligated to pay in advance for the Professional Services they order through the HomeAdvisor Platform. Prior to the scheduled Professional Service, we will charge the Requester's credit card according to the amount the Requester has agreed to on the HomeAdvisor Platform with respect to all Professional Services, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees or expenses associated with a Professional Service as well as the Trust and Support Fee (as defined in Section 12.e. below), and the Requester hereby authorizes us to charge the credit card on file in the Requester's HomeAdvisor Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying HomeAdvisor. Requesters must notify HomeAdvisor by changing the date or hours of the requested Professional Service through the HomeAdvisor Platform. All Payments by Requesters must be made through the HomeAdvisor Platform. Any Payments paid or Professional Services scheduled outside of the HomeAdvisor Platform are not subject to our HomeAdvisor Happiness Guarantee in Section 12.d. below. Except for the HomeAdvisor Happiness Guarantee in Section 12.d., no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (a) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (b) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (c) reverse any credits to your bank account; or (d) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Job Rate. The rate per hour for a Professional Service ("Job Rate") depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.
- Recurrent Service. When requesting a Professional Service, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis ("Recurrent Service"). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the HomeAdvisor platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Requester's credit card will be charged the same non-promotional amount, as originally disclosed to Requester at the time of signing up for Recurrent Service for the Recurrent Service as the Professional Service appointments occur and for any applicable cancellation fees. HomeAdvisor cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled. Requesters may cancel the Recurrent Service at any time by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Requesters must cancel more than twenty-four hours prior to the Professional Service in order to avoid being charged any cancellation fees and/or for the next Professional Service. After signing up for a Recurrent Service, you will be provided an email acknowledgment which includes information on how to cancel.
- HomeAdvisor Happiness Guarantee (APPLIES ONLY TO FIXED PRICE SERVICES); Claims
- The HomeAdvisor Happiness Guarantee provides certain limited additional protections for Professional Services. Pursuant to the HomeAdvisor Happiness Guarantee and subject to the below terms and conditions and limitations, HomeAdvisor will compensate Requesters: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Professional during performance of a Professional Service or (b),, provided, however, for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Professional during performance of a Professional Service the amount shall be limited to up to USD $1,000; or (b) subject to the exclusions below, up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Professional during performance of a Professional Service. The Service Requester is eligible for the HomeAdvisor Happiness Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Professional Service appointment to our Requester service by visiting the Handy Contact Center at https://www.homeadvisor.com/contact/. If the Service Requester does not report the issue within seventy-two (72) hours of the Professional Service appointment, the claim is ineligible for the HomeAdvisor Happiness Guarantee. For Recurring Services, each Professional Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy ("Personal Insurance"), You agree that your Personal Insurance is primary and the HomeAdvisor Happiness Guarantee is secondary. The HomeAdvisor Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein
- A Requester will be covered under the HomeAdvisor Happiness Guarantee for a Professional Service, subject to the exclusions in subsection (iv) below, provided:
- The Professional Service is agreed to between a Requester and a Professional using the HomeAdvisor Platform, performed by the Professional hired by the Requester and paid for in full through the HomeAdvisor Platform;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Professional Service; and
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor.
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Professional prior to the start of the Professional Service; andThe Requestor has accounted for and secured all valuables prior to the start of a Professional Service.
- What is excluded from the HomeAdvisor Happiness Guarantee? The "HomeAdvisor Happiness Guarantee" does not cover the following:
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Professional;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Section 2 and Section 20 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Professional Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Professional Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through the HomeAdvisor Platform; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Professional Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Happiness Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Happiness Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Professional; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Happiness Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer be eligible for the Handy Happiness Guarantee.
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price services (e.g., if you requested a Recurring Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Cleaning Plan with a Minimum Commitment.
- Minimum Commitment Plan Term: If you have selected a Professional Services cleaning plan with a minimum commitment, your minimum commitment plan term commences on the date of your first appointment.
- Minimum Commitment Plan Cancellation Fee: If you have selected a Professional Services cleaning plan with a minimum commitment, you will be subject to and charged a cancellation fee up to USD $150 in the US should you elect to terminate the Professional Services cleaning plan prior to the expiration of your minimum commitment period.
- Rescheduling Cleaning Plan appointments during the Minimum Commitment Period: If you have selected a Professional Services cleaning plan with a minimum commitment, you can reschedule any cleaning plan appointment for free at least 24 hours in advance of the scheduled start time, provided such rescheduled appointment will occur within the minimum commitment period. If you reschedule between 2-24 hours before a scheduled Professional Service appointment, you will be charged a USD $15 fee. If you reschedule during the 2 hours before a scheduled Professional Service appointment, you will be charged the full Professional Service amount. If you skip any cleaning plan appointment within the minimum commitment period or reschedule any cleaning plan appointment within the minimum commitment period to outside of the minimum commitment period, your credit card will be charged for the amount of the appointment and in addition, your account will be credited the amount you are charged. Such merchandise credit will be available for your use during the minimum commitment period only as a merchandise credit to use to book one-off replacement cleaning appointments or handyman appointments, and after the minimum commitment period ends, you may apply such merchandise credits to cleaning appointments and handyman appointments. No monetary refunds will be provided for cleaning plan appointments that are skipped within the minimum commitment period or any cleaning plan appointment within the minimum commitment period that is rescheduled to outside of the minimum commitment period. In addition to the foregoing, if you skip any cleaning plan appointment between 2-24 hours before a scheduled appointment, you will also be charged an additional USD $15 cancellation fee and if you skip any cleaning plan appointment during the 2 hours before a scheduled appointment, you will be charged the full amount of the appointment, and will not be eligible for any credit.
- Expiration of Cleaning Plan with Minimum Commitment. Once your minimum commitment period is complete, your selected plan will remain active and the HomeAdvisor Platform will automatically schedule Professional Service appointments to occur on future dates indefinitely at the frequency requested by you and will charge your credit card based on your selected time and frequency. You may cancel your plan in accordance with the cancellation policy set forth in Section 3.g. below.
- Cancellation Policy for Service Cancellation by Requester of Cleaning Plans without a Minimum Commitment, Cleaning Plans after completion of the Minimum Commitment period and One-Time Professional Service appointments. HomeAdvisor's cancellation policy for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the HomeAdvisor Platform at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159.
- HomeAdvisor Select.
- Membership: HomeAdvisor may from time to time offer Requesters the opportunity to purchase one-time cleaning Professional Services provided the Requester first agrees to purchase an annual or monthly HomeAdvisor Platform Select Membership ("HomeAdvisor Select").
- Billing and Renewal: When you first sign up and purchase HomeAdvisor Select, you will be billed immediately for your initial HomeAdvisor Select subscription period. By enrolling in HomeAdvisor Select, in addition to any Professional Services you purchase through HomeAdvisor Select, you authorize HomeAdvisor to charge you for your initial HomeAdvisor Select subscription period and a recurring annual or monthly membership at the then current rate, which may change from time to time. Your HomeAdvisor Select will automatically renew and prior to the start of the next subscription period, you will be charged the applicable HomeAdvisor Select fee to your provided payment method on a recurring basis until canceled as set forth herein.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SELECT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SELECT WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU. - Cancellation Fees: The cancellation and rescheduling of any cleaning Professional Service while you are enrolled in HomeAdvisor Select is subject to the cancellation policy, including the payment of any cancellation fees, as further described in Section 3.g. above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Select will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Select period will be based on the original enrollment or renewal date and not the date of the successful charge.
- Cancellation of HomeAdvisor Select: You will not be charged a HomeAdvisor Select fee for the subsequent period if you cancel your HomeAdvisor Select at least three days before your next HomeAdvisor Select renewal date. You may cancel your HomeAdvisor Select by visiting the Handy Contact Center at https://www.homeadvisor.com/contact/https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Select you will continue to have access to your HomeAdvisor Select through the end of your current paid HomeAdvisor Select period. Should you cancel your HomeAdvisor Select, HomeAdvisor reserves the right to cancel any Professional Service appointments scheduled outside the current paid HomeAdvisor Select period.
- HomeAdvisor Select Refunds: The HomeAdvisor Select fees are nonrefundable except as only permitted pursuant to this subsection (vi). Subject to the following sentence, if you cancel your purchase of HomeAdvisor Select within three days of (1) signing up for HomeAdvisor Select or (2) converting from a free HomeAdvisor Select trial to a paid HomeAdvisor Select, we will refund your HomeAdvisor Select fee. Notwithstanding the preceding sentence, you are not eligible for any refund of the HomeAdvisor Select fee (a) if you purchased HomeAdvisor Select prior to the expiration of the minimum commitment period of a Professional Services cleaning plan with a minimum commitment or (b) if you have used your HomeAdvisor Select membership to purchase any Professional Services.
- Membership Plans/Promotional Trial Memberships: HomeAdvisor sometimes offers certain Requesters various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers.
- Policy for Service Cancellation by Professional. When a Professional cancels a scheduled Professional Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Professional Service request available for another Professional to select. However, HomeAdvisor cannot guarantee that a canceled Professional Service appointment will be selected by another Professional and rescheduled or that the Professional Service request will be completed. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment. Professionals who cancel a scheduled Professional Service appointment may incur fees as provided in the Service Agreement.
- Special Promotions; Gift Cards and Vouchers.
- Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
- Promotional Credit. Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit. HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use the HomeAdvisor Platform. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable. Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services. Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit. Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- Referral Credits. In the event that you are given a code through which you may refer a friend to HomeAdvisor in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral credits are redeemable only for Professional Services. HomeAdvisor referral credits have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at https://www.homeadvisor.com/contact/.
- Vouchers. HomeAdvisor vouchers or promotional codes for special offers or discounts ("Vouchers") may be available and can be used to pay in part or in full for Professional Services. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions. You agree that you will comply with all Voucher terms and conditions. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards.
- Gift Cards. HomeAdvisor Gift Cards ("Gift Cards") are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards. You agree that you will comply with all Gift Card terms and conditions. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $10,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $2,000 in any one day. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift. A Gift Card is void if copied, altered, transferred, purchased or sold. Purchases of Gift Cards are final and not refundable. All sales are final. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors. Gift Cards and their use are subject to this Agreement (including the Privacy Policy) and use of a Gift Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to a Gift Card require additional or different terms and conditions, then such terms and conditions shall apply. For questions or additional information, contact us at https://www.homeadvisor.com/contact/. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR.COM
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of HomeAdvisor. HomeAdvisor disclaims any and all representations or warranties with regard to the Ratings and Reviews. HomeAdvisor does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. - ARTICLES AND OTHER CONTENT
HomeAdvisor provides certain content relating to home improvement, repair, maintenance ("Articles"), on the HomeAdvisor or apps, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional. - LINKS TO THIRD PARTY SITES
The links in the HomeAdvisor or apps 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. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked 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. - THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
HomeAdvisor respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at [email protected]. - NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
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 or apps or any other HomeAdvisor owned, operated, licensed or controlled site. Elements of the HomeAdvisor or apps 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. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. 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. - INDEMNIFICATION
YOU AGREE TO INDEMNIFY HOMEADVISOR, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY 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 IN CONNECTION WITH THE HOMEADVISOR WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. - AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- 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 or apps, is that you are free to discontinue your use of the HomeAdvisor Services or the HomeAdvisor or apps 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, 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. 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 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 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 out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and HomeAdvisor and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
Service Provider's User Agreement
Effective November 3, 2017
DownloadSummary of changes
Table of Contents
Effective April 7, 2017 to November 3, 2017
DownloadTable of Contents
Terms of Use
Effective September 21, 2020
DownloadTable of Contents
- violate these Terms of Use, other applicable agreement with Angie’s List, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
- use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- use the Sites and Services or its Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
- reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Angie’s List, which consent may be withheld by Angie’s List in our sole discretion;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
- harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angie’s List, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- knowingly provide or submit false or misleading information;
- use the Sites and Services if you are under the age of eighteen (18);
- take any action that would undermine the review and rating process under the Sites and Services;
- attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
- use the Sites and Services in any way that could interfere with the rights of Angie’s List or the rights of other users of the Sites and Services;
- attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Angie’s List by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
- sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
- transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
- access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or
- probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of Angie’s List, including any Angie’s List account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Angie’s List and provided for by the Sites and Services.
- you grant to Angie’s List a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works;
- you grant to Angie’s List all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;
- you grant to Angie’s List all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
- your name and report information may be made available to the public and to the Service Providers on which you report;
- you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Angie’s List, and others as described and otherwise contemplated in these Terms of Use;
- you represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use;
- you are solely responsible for your reviews and ratings;
- Angie’s List may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
- you will not submit any reviews that may be considered by Angie’s List to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
- all of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the Service Providers you are reviewing or (ii) as provided below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual;
- all of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;
- you do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
- you have not received any form of compensation to post reviews and ratings;
- you will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” Without additional commentary is not a thorough and thoughtful review);
- you will not submit reviews that comment on other users or the reviews of other users;
- you will not submit reviews with hyperlinks; or
- the reviews and ratings that you provide do not reflect the views of Angie’s List, its officers, managers, owners, employees, agents, designees or other users.
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- If you post Content in violation of these Terms of Use, you agree to promptly pay Angie’s List One Thousand Dollars ($1,000) for each item of Content posted in violation of these Terms of Use. We may (but shall not be required to) to issue you a warning before assessing damages.
- If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms of Use, you agree to pay One Hundred Dollars ($100) for each record or report that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.
- If you use computer programming routines that are intended to aggregate records or reports from the Sites and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services, you agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.
- Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by Angie’s List, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.
Effective April 24, 2017 to September 21, 2020
DownloadTable of Contents
- violate these Terms of Use, other applicable agreement with Angie’s List, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
- use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- use the Sites and Services or its Content for any purposes not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
- reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Angie’s List, which consent may be withheld by Angie’s List in our sole discretion;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
- harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Angie’s List, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- knowingly provide or submit false or misleading information;
- use the Sites and Services if you are under the age of eighteen (18);
- take any action that would undermine the review and rating process under the Sites and Services;
- attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
- use the Sites and Services in any way that could interfere with the rights of Angie’s List or the rights of other users of the Sites and Services;
- attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Angie’s List by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
- sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
- transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
- access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or
- probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of Angie’s List, including any Angie’s List account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Angie’s List and provided for by the Sites and Services.
- you grant to Angie’s List a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works;
- you grant to Angie’s List all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;
- you grant to Angie’s List all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
- your name and report information may be made available to the public and to the Service Providers on which you report;
- you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Angie’s List, and others as described and otherwise contemplated in these Terms of Use;
- you represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use;
- you are solely responsible for your reviews and ratings;
- Angie’s List may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
- you will not submit any reviews that may be considered by Angie’s List to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
- all of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the Service Providers you are reviewing or (ii) as provided below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual;
- all of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;
- you do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
- you have not received any form of compensation to post reviews and ratings;
- you will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” Without additional commentary is not a thorough and thoughtful review);
- you will not submit reviews that comment on other users or the reviews of other users;
- you will not submit reviews with hyperlinks; or
- the reviews and ratings that you provide do not reflect the views of Angie’s List, its officers, managers, owners, employees, agents, designees or other users.
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
- a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- If you post Content in violation of these Terms of Use, you agree to promptly pay Angie’s List One Thousand Dollars ($1,000) for each item of Content posted in violation of these Terms of Use. We may (but shall not be required to) to issue you a warning before assessing damages.
- If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms of Use, you agree to pay One Hundred Dollars ($100) for each record or report that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.
- If you use computer programming routines that are intended to aggregate records or reports from the Sites and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services, you agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.
- Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by Angie’s List, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.
Advertising and Deals Agreement
Effective September 8, 2020
DownloadSummary of changes
Table of Contents
Effective March 14, 2019 to September 8, 2020
DownloadTable of Contents
Effective January 23, 2019 to March 14, 2019
DownloadTable of Contents
Effective January 7, 2019 to January 23, 2019
DownloadTable of Contents
- ADVERTISING AND DEALS PROGRAMS: By participating in the Advertising Program and/or Deals Program, Service Provider
authorizes Angie's List to offer, publish, distribute, and disseminate to Consumers in designated areas (“Service Areas”) the services and/or products offered by Service Providers in designated home services categories (“Categories”). In the Advertising Program, these services and/or products shall be presented to members in the form of coupons that offer discounts when redeemed directly with Service Providers ("Coupons"). In the Deals Program, these services and/or products shall be presented to Consumers as prepackaged deals that can be claimed by the Consumers on the Angie's List platform and honored by the Service Provider ("Deals"). With respect to each Coupon or Deal, Service Provider is the seller of the goods and/or services. A Service Provider must participate in the Advertising Program in order to participate in the Deals Program.- Placement Above Non-Advertisers. When Consumers perform searches in certain Service Areas and Categories, the profiles of Service Providers who participate in the Advertising Program for those particular Service Areas and Categories shall be sorted above the profiles of Service Providers who do not participate in the Advertising Program.
- Placement Among Other Advertisers. Among Service Providers who participate in the Advertising Program, Angie’s List may change the way search results work, add additional elements to the search experience, place different types of products within the search results (e.g., banners, deals, etc.) modify the search algorithm, etc. We may also include different information in profiles and change the way profiles appear. We may change the user experience and how they get to search results without notice.
- ELIGIBILITY: Service Provider agrees that it must meet or exceed Angie's List's qualifications in order to participate in the Advertising Program and Deals Program, as applicable. Specifically, Service Provider agrees that it must:
- Maintain a Total Overall Grade of A or B, if the Serivce Provider has any ratings.
- Not have a Current Grade of C or lower in the category in which the advertisement is active. The Current period is presently defined as the most recent 3 years. Angie's List reserves the right to modify the definition of the Current period.
- Timely pay all invoices for Angie's List services (i.e. no "past-due" balances).
- Maintain all applicable state or local licensure for all services provided.
- Pass the applicable Angie's List criminal background screening.
- To be eligible for the Deals Program, concurrently participate in the Advertising Program and spend at least $3,500 on its own behalf, or on behalf of its members vendors, customers, etc., during a twelve-month period for advertising described herein.
- Meet any other requirements Angie’s List determines are necessary for participation in the Advertising and/or Deals Program.
- PUBLICATION AND ACTIVATION OF COUPON OR DEAL:
- Coupons. When Service Provider participates in the Advertising Program, the Coupon shall be made visible to members who search in the Service Areas designated by Service Provider and using the Categories designated by Service Provider. A member may present the Coupon directly to Service Provider. Angie's List shall function only as the platform upon which Service Providers may offer Coupons to members. Angie's List does not participate in any transaction between the Consumer and the Service Provider, including but not limited to contracting and payment for any services provided.
- Deals. When Service Provider participates in the Deals Program, the Deal(s) shall be published on the Angie's List website on the Service Provider's Profile Page, upon Service Provider's activation of such Deal on the Angie's List platform. Angie's List may place an icon on the Service Provider's Profile Page signifying each Deal. A Consumer may claim the Deal by clicking on the icon and completing the transaction directly with the Service Provider. Angie's List reserves the right to, in its sole discretion, promote a Deal to its Consumers via other means, including without limitation, targeted emails, Angie's List's website, third-party website, and social networking websites. Angie's List shall function only as the platform upon which Service Providers may list Deals to Consumers. Angie's List does not participate in any transaction between the Consumer and the Service Provider, including but not limited to contracting and payment for any services provided.
- Tracking Phone Numbers. Service Provider agrees that, in order to better track the amount of business directed to Service Provider by Angie’s List, Angie’s List may display a phone number on Service Provider’s profile that is different than Service Provider’s normal phone number. This tracking number will forward directly to the phone number Service Provider provided Angie’s List.
- SERVICE PROVIDER'S REPRESENTATIONS AND WARRANTIES: Service Provider represents and warrants to Angie's List that (a) Service Provider has all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the Coupon or Deal; (b) Service Provider is legally and properly licensed to and possesses all requisite licenses and permits to provide the services in the geographic areas in which Service Provider is providing the Coupon or Deal; (c) the Retail Rate as set forth in the terms of the Coupon or Deal for the services or goods offered in connection with such Coupon or Deal is accurate and correct in all respects as of the date the Coupon or Deal is offered to the Consumers; (d) Service Provider is registered for sales, use, and other tax collection purposes in all states which Service Provider's goods and services will be provided under the terms of the Coupon or Deal; (e) any and all discounts and services or products presented through the Coupon or Deal comply with all applicable federal, state and local laws, rules, regulations and orders; and (f) the Marks (as defined below) do not violate or infringe any copyright, trademark or other intellectual property rights of any other person.
- COMPLIANCE WITH GIFT CARD LAWS IN DEALS PROGRAM: In addition to, and not by way of limitation of, anything else contained herein, Service Provider specifically represents and warrants to Angie's List, and intends that Angie's List rely, that the Deal, the terms of the Deal, and Service Provider's sale of goods or provision of services (or both), if applicable, and will comply in all respects with any and all applicable laws governing (a) gift cards, payment cards, pre-paid cards and stored value cards, (b) abandoned property and the treatment, disposition and reclamation thereof, and (c) the imposition of expiration dates, service charges, dormancy fees or other terms and conditions applicable to the Deal, and any and all other laws having similar effect or importance, including, without limitation, the Credit Card Accountability Responsibility and Disclosure Act of 2009. Service Provider will permit the Consumer to redeem the Deal with Service Provide for the applicable term specified under applicable state or federal laws.
- SERVICE PROVIDER'S OBLIGATIONS:
- Use your best efforts to provide the best quality services or goods.
- Notify Angie's List promptly in the event you cease to do business or change your name or location.
- Provide Angie's List with your trademark, logo, and other information (collectively, the " Marks") necessary to be used to create, distribute, and disseminate the promotion for the Coupon or Deal to Consumers, and grant Angie's List a limited, non-exclusive right and license to use, reproduce, transmit and distribute creative materials and the trademark and/or logo you supply in connection with the Coupons or Deals, in any and all media or formats in which such Coupons or Deals are marketed, promoted, transmitted, sold or distributed including but not limited to, on the Website.
- Pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the sale or redemption of the Coupon or Deal.
- For the Advertising Program, provide a valid coupon, approved by Angie's List.
- Agree to honor the Coupon or Deal claimed by any Consumer during all business hours and as required by applicable law.
- For the Deals Program, schedule the work described by a Deal according to your availability.
- For the Deals Program, return/answer Consumer communication through Angie's List Message Center within two (2) business days from the first notification that an offer has been claimed.
- BACKGROUND CHECK AUTHORIZATION: You hereby that you are the owner or relevant manager of the company you represent and authorize Angie's List to provide your home mailing address, social security number, date of birth ("Personal Information") and any other information you provide to us to a third-party information collection service entity selected by Angie's List, at any time while you are participating in the Advertising Program and/or Deals Program, to verify, obtain copies of records, and gather any information pertaining to your criminal record, as well as financial screening (including but not limited to searches for bankruptcies, liens and civil judgments) for the purpose of Angie's List's evaluating its desire to enter into or continue a contractual business arrangement with you. Angie's List will not share this Personal Information with any other third parties not designated for this purpose.
- AUDITING AND ACCOUNTABILITY: Service Provider acknowledges and agrees that Angie's List may audit the Service Provider's participation in Angie's List Advertising Program or Deals Program. As part of the audit process, an Angie's List representative may, without notice to Service Provider, engage with Service Provider as a Customer seeking to claim a Coupon or Deal without disclosing that he or she is an Angie's List Representative. If Service Provider fails to meet any of the obligations set forth under Section 5, during an audit or otherwise, Angie's List reserves the right to take the following actions: (a) after the first discovered failure, Angie's List may issue Service Provider a warning via a phone call or electronic mail; (b) after the second discovered failure, Angie's List may, with written notice via electronic email to Service Provider, suspend Service Provider from participating in the Advertising Program and/or Deals Program for ninety (90) days to one (1) year, in Angie's List's sole discretion, from the date on which notice is given; and (c) after the third discovered failure, Angie's List may, with written notice via electronic email to Service Provider, permanently suspend Service Provider from participating in the Advertising Program and/or Deals Program. During any suspension period, Service Provider agrees to continue honoring all Deals that were claimed prior to the suspension. If Service Provider fails to honor any Deals, it will be permanently prohibited from participating in the Advertising Program and Deals Program. Notwithstanding the foregoing, Angie's List reserves the right to, with or without cause and without notice, terminate Service Provider's participation in the Advertising Program and/or Deals Program indefinitely.
- TERM, FEES, AND TERMINATION:
- Initial Term. The initial term of this Agreement shall be the longer of one (1) year following the Effective Date or, if Service Provider is participating in the Deals Program, the last date a Consumer redeems his or her Deal with Service Provider ("Initial Term").
- Renewal Terms and Pricing. On each anniversary of the Effective Date, the Agreement shall automatically renew for an additional one (1) year term ("Renewal Terms"). Service Provider also agrees that, at the beginning of a Renewal Term, Angie's List may increase the price of any Item or all Items up to 10% more than the price Service provider paid during the previous 12-month term for such Item(s). Service Provider may prevent the Agreement from automatically renewing by providing written notice to Angie's List at least 30 days before the beginning of a new Renewal Term.
- Angie’s List Termination. Angie's List may terminate this Agreement at any time and for any reason. Additionally, this Agreement shall automatically terminate if Service Provider fails to continue meeting any of the eligibility requirements set forth under Section 1.
- Early Termination Fee. If Service Provider cancels the contract and such cancellation is effective prior to the end of the Initial Term or any Renewal Term, Service Provider agrees to pay an early termination fee of 35% of the unused value of the total contract for that Term.
- Late and Collection Fees. Late payments may be assessed a monthly late fee of 1.5%, or the maximum allowed by law, of the past due balance. Additionally, in the event Service Provider fails to make any payments under this Agreement (including any early termination fees), Service Provider shall pay any fees Angie’s List incurs in its collections efforts (including any third-party collection fees).
- Notwithstanding the foregoing, Sections 9d, 9e, 13-25 will indefinitely survive any expiration or termination of this Agreement.
- PREPAID AGREEMENT SPECIAL TERMS: IF SERVICE PROVIDER HAS PREPAID IN FULL FOR A 12-MONTH TERM, THE FOLLOWING SPECIAL TERMS AND CONDITIONS APPLY. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH UNDER SECTION 9, AFTER THE FIRST 30 DAYS OF THE TERM, THIS AGREEMENT SHALL BE NON-CANCELABLE BY SERVICE PROVIDER AND NON-REFUNDABLE. IF CANCELLED DURING THE FIRST 30 DAYS, THIS AGREEMENT SHALL TERMINATE AS OF THE END OF THE FIRST MONTH, AND YOU SHALL RECEIVE A PRORATED REFUND OF 11 MONTHS-WORTH OF YOUR PAYMENT. IF SERVICE PROVIDER NOTIFIES ANGIE’S LIST IN WRITING OF ITS DESIRE FOR THE ADVERTISING TO CEASE, ANGIE’S LIST SHALL HONOR SUCH REQUEST; HOWEVER, SERVICE PROVIDER SHALL NOT RECEIVE A REFUND, PRO-RATED OR OTHERWISE, OF THE ADVERTISING FEES PREPAID UNDER THIS AGREEMENT.
- PAYMENT: Service Provider agrees that, for the services rendered under this Agreement, Angie’s List may charge any credit card or other payment method Service Provider has previously provided Angie’s List. If a charge or other payment method fails for any portion of the Agreement, Angie’s List may activate the entire Agreement and continue to attempt to charge for the portion of the Agreement that failed. By way of example, if Service Provider pays separately for web advertising and publication advertising, and the web advertising payment is successful, but the publication advertising payment fails, Angie’s List may activate both types of advertising and continue to attempt to collect payment for the publication advertising.
- WIRELESS NUMBERS AND AUTOMATIC DIALERS: Service Provider acknowledges that Angie’s List will use the telephone numbers, email addresses or other contact information submitted by Service Provider to Angie’s List to contact Service Provider. Angie’s List agrees not to sell, trade, rent or share such information with any third parties. By providing a wireless phone number to Angie’s List, Service Provider agrees that Angie’s List may call or send text messages to the wireless phone number for any purpose, including marketing purposes, using all methods now known and discovered in the future, including, but not limited to, auto-dialers, pre-recordings, and general telemarketing practices. Service Provider agrees that these calls or text messages may be regarding the products and/or services that Service Provider has previously purchased and products and/or services that Angie’s List may market. Service Provider acknowledges that this consent may be removed upon request.
- CONFIDENTIALITY: Service Provider agrees that Angie's List's member lists, Angie's List's Consumer lists, the terms and conditions of this Agreement, and the existence this Agreement (collectively, the "Confidential Information"), shall be held in strict confidence, for the mutual benefit of Service Provider and Angie's List, and that, except as necessary in the sale of the goods or performance of the services which are the subject of the Coupon or Deal, Service Provider shall not disclose any Confidential Information without the prior written consent of Angie's List. Service Provider is strictly prohibited from selling any of Angie's List's Confidential Information, including, in particular, member or Consumer lists. Notwithstanding the foregoing, Service Provider may disclose Confidential Information to the extent strictly necessary to comply with any order of a court of competent jurisdiction or as may be otherwise required by applicable law.
- INDEMNIFICATION; LIMITATION OF LIABILITY:
- Service Provider hereby agrees to indemnify, defend and hold harmless Angie's List and its successors and assigns and their respective shareholders, partners, directors, members, managers, officers, employees, agents, and representatives (without duplication) from and against any and all claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees) to the extent arising out of or resulting from (i) any breach by Service Provider of any representation, warranty or covenant contained in this Agreement; (ii) the sale of any products subject to a Coupon or Deal or provision of or failure to perform services subject to a Coupon or Deal, or otherwise; (iii) failure or refusal to honor any Coupon or Deal, provide services, or sell goods subject to a Coupon or Deal to a Consumer; (iv) any negligence or willful acts by such Service Provider; and (v) any claim for state sales, use, or other tax obligations arising from the sale or redemption of a Coupon or Deal.
- IN NO EVENT SHALL ANGIE'S LIST BE LIABLE TO SERVICE PROVIDER FOR LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR SPECIAL LOSSES, WHETHER BASED UPON A CLAIM FOR BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE CLAIM RELATING TO THIS AGREEMENT, THE RELEVANT GOODS OR SERVICES OR PERFORMANCE HEREUNDER.
- Service Provider understands that Angie's List is not providing, and will not provide, any legal or tax advice.
- DISCLAIMER OF WARRANTIES: SERVICE PROVIDER UNDERSTANDS AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH HEREIN, ANGIE'S LIST DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SECURITY, AND ACCURACY.
- CLAIMS: Any claim which Service Provider has or may hereafter have which arises out of or relates to, directly or indirectly, this Agreement or Angie's List performance hereunder must be made within one hundred twenty (120) days after the termination of this Agreement or within one hundred twenty (120) days after the date the first Deal is published (if applicable), whichever is latest. Any claim not so made shall be deemed waived by Service Provider.
- MARKETING MATERIALS; NO ENDORSEMENT: All marketing materials, documentation and information prepared by Service Provider relating to a Coupon or Deal must be approved by Angie's List prior to distribution and such approval shall not be unreasonably withheld, conditioned or delayed.
- USE OF TRADEMARKS: Service Provider hereby agrees that it shall not use, directly or indirectly, any of Angie's List's trademarks, trade names, images, service marks, logos or other intellectual property for any purpose without the express written consent of Angie's List. No license or other rights in or to any Angie's List intellectual property or logo are granted to Service Provider under or implied by this Agreement.
- ASSIGNMENT: Service Provider may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement or any Coupon or Deal without the prior written consent of Angie's List.
- COUNTERPARTS; FACSIMILE SIGNATURE: This Agreement may be executed in counterparts and by facsimile signature, each of which shall be deemed an original, but both of which together shall constitute one and the same Agreement.
- MUTUAL ARBITRATION AGREEMENT:
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Angie’s List, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Angie’s List may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your physical address that you have provided to Angie’s List. Angie’s List's address for such notices is: Angie’s List, Inc., Attn: Legal Department, 130 E. Washington St., Indianapolis, IN 46204.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Angie’s List agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Angie’s List will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Section d below.
- Excluded Disputes. You and Angie’s List agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and Angie’s List agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and Angie’s List agree that if any portion of this section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed and the remainder of this Section 21 will be given full force and effect.
- GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana.
- WAIVER: Neither party shall be deemed to have waived any of its rights, powers nor remedies hereunder except in an express writing signed by an authorized agent or representative of the party to be charged.
- ENTIRE AGREEMENT: This Agreement, along with any addendums, schedules, or exhibits attached hereto or incorporated into by reference, constitutes the entire agreement between the parties hereto regarding the subject matter contained herein and may be amended or modified only by a writing signed by a duly authorized representative of each party and dated subsequent to the date hereof. Service Provider agrees that it enters into this Agreement based on the written terms herein and not on verbal representations made prior to the Effective Date. Service Provider further agrees that historical data provided during discussions about the Advertising or Deals programs are intended to provide historical context and not to guarantee future performance.
- BINDING EFFECT: This Agreement, including all the Exhibits attached hereto, and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of Angie's List and Service Provider and their respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
Effective November 9, 2018 to January 7, 2019
DownloadTable of Contents
- AGREEMENT AND ELIGIBILITY: By participating in the Advertising Program and/or Deals Program, Service Provider
authorizes Angie's List to offer, publish, distribute, and disseminate to its Consumers Service Provider's services and/or products. In the Advertising Program, these services and/or products shall be presented to members in the form of coupons that offer discounts when redeemed directly with Service Providers ("Coupons"). In the Deals Program, these services and/or products shall be presented to Consumers as prepackaged deals that can be claimed by the Consumers on the Angie's List platform and honored by the Service Provider ("Deals"). With respect to each Coupon or Deal, Service Provider is the seller of the goods and/or services. Service Provider agrees that he/she must meet or exceed Angie's List's qualifications in order to participate in the Advertising Program and Deals Program, as applicable. Specifically, Service Provider agrees that it must:- Not have a Total Overall Grade of C or lower.
- Not have a Current Grade of C or lower in the category in which the advertisement is active. The Current period is presently defined as the most recent 3 years. Angie's List reserves the right to modify the definition of the Current period.
- Timely pay all invoices for Angie's List services (i.e. no "past-due" balances).
- Maintain all applicable state or local licensure to complete the work offered in Coupons or Deals.
- Pass the applicable Angie's List criminal background screening.
- To be eligible for the Deals Program, concurrently participate in the Advertising Program and spend at least $3,500 on your own behalf, or on behalf of your members vendors, customers, etc., during a twelve-month period for advertising described herein.
- PUBLICATION AND ACTIVATION OF COUPON OR DEAL:
- When Service Provider participates in the Advertising Program, the Coupon shall be made visible to members who search in the Markets designated by Service Provider and using the Categories and/or Keywords designated by Service Provider. A member may present the Coupon directly to Service Provider. Angie's List shall function only as the platform upon which Service Providers may offer Coupons to members. Angie's List does not participate in any transaction between the Consumer and the Service Provider, including but not limited to contracting and payment for any services provided.
- When Service Provider participates in the Deals Program, the Deal(s) shall be published on the Angie's List website on the Service Provider's Profile Page, upon Service Provider's activation of such Deal on the Angie's List platform. Angie's List may place an icon on the Service Provider's Profile Page signifying each Deal. A Consumer may claim the Deal by clicking on the icon and completing the transaction directly with the Service Provider. Angie's List reserves the right to, in its sole discretion, promote a Deal to its Consumers via other means, including without limitation, targeted emails, Angie's List's website, third-party website, and social networking websites. Angie's List shall function only as the platform upon which Service Providers may list Deals to Consumers. Angie's List does not participate in any transaction between the Consumer and the Service Provider, including but not limited to contracting and payment for any services provided.
- SERVICE PROVIDER'S REPRESENTATIONS AND WARRANTIES: Service Provider represents and warrants to Angie's List that (a) Service Provider has all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the Coupon or Deal; (b) Service Provider is legally and properly licensed to and possesses all requisite licenses and permits to provide the services in the geographic areas in which Service Provider is providing the Coupon or Deal; (c) the Retail Rate as set forth in the terms of the Coupon or Deal for the services or goods offered in connection with such Coupon or Deal is accurate and correct in all respects as of the date the Coupon or Deal is offered to the Consumers; (d) Service Provider is registered for sales, use, and other tax collection purposes in all states which Service Provider's goods and services will be provided under the terms of the Coupon or Deal; (e) any and all discounts and services or products presented through the Coupon or Deal comply with all applicable federal, state and local laws, rules, regulations and orders; and (f) the Marks (as defined below) do not violate or infringe any copyright, trademark or other intellectual property rights of any other person.
- COMPLIANCE WITH GIFT CARD LAWS IN DEALS PROGRAM. In addition to, and not by way of limitation of, anything else contained herein, Service Provider specifically represents and warrants to Angie's List, and intends that Angie's List rely, that the Deal, the terms of the Deal, and Service Provider's sale of goods or provision of services (or both), if applicable, and will comply in all respects with any and all applicable laws governing (a) gift cards, payment cards, pre-paid cards and stored value cards, (b) abandoned property and the treatment, disposition and reclamation thereof, and (c) the imposition of expiration dates, service charges, dormancy fees or other terms and conditions applicable to the Deal, and any and all other laws having similar effect or importance, including, without limitation, the Credit Card Accountability Responsibility and Disclosure Act of 2009. Service Provider will permit the Consumer to redeem the Deal with Service Provide for the applicable term specified under applicable state or federal laws.
- SERVICE PROVIDER'S OBLIGATIONS:
- Use your best efforts to provide the best quality services or goods.
- Notify Angie's List promptly in the event you cease to do business or change your name or location.
- Provide Angie's List with your trademark, logo, and other information (collectively, the " Marks") necessary to be used to create, distribute, and disseminate the promotion for the Coupon or Deal to Consumers, and grant Angie's List a limited, non-exclusive right and license to use, reproduce, transmit and distribute creative materials and the trademark and/or logo you supply in connection with the Coupons or Deals, in any and all media or formats in which such Coupons or Deals are marketed, promoted, transmitted, sold or distributed including but not limited to, on the Website.
- Pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the sale or redemption of the Coupon or Deal.
- For the Advertising Program, provide a valid coupon, approved by Angie's List.
- Agree to honor the Coupon or Deal claimed by any Consumer during all business hours and as required by applicable law.
- For the Deals Program, schedule the work described by a Deal according to your availability.
- For the Deals Program, return/answer Consumer communication through Angie's List Message Center within two (2) business days from the first notification that an offer has been claimed.
- BACKGROUND CHECK AUTHORIZATION: You hereby authorize Angie's List to provide your home mailing address, social security number, date of birth ("Personal Information") and any other information you provide to us to a third-party information collection service entity selected by Angie's List, at any time while you are participating in the Advertising Program and/or Deals Program, to verify, obtain copies of records, and gather any information pertaining to your criminal record, as well as financial screening (including but not limited to searches for bankruptcies, liens and civil judgments) for the purpose of Angie's List's evaluating its desire to enter into or continue a contractual business arrangement with you. Angie's List will not share this Personal Information with any other third parties not designated for this purpose.
- AUDITING AND ACCOUNTABILITY: Service Provider acknowledges and agrees that Angie's List may audit the Service Provider's participation in Angie's List Advertising Program or Deals Program. As part of the audit process, an Angie's List representative may, without notice to Service Provider, engage with Service Provider as a Customer seeking to claim a Coupon or Deal without disclosing that he or she is an Angie's List Representative. If Service Provider fails to meet any of the obligations set forth under Section 5, during an audit or otherwise, Angie's List reserves the right to take the following actions: (a) after the first discovered failure, Angie's List may issue Service Provider a warning via a phone call or electronic mail; (b) after the second discovered failure, Angie's List may, with written notice via electronic email to Service Provider, suspend Service Provider from participating in the Advertising Program and/or Deals Program for ninety (90) days to one (1) year, in Angie's List's sole discretion, from the date on which notice is given; and (c) after the third discovered failure, Angie's List may, with written notice via electronic email to Service Provider, permanently suspend Service Provider from participating in the Advertising Program and/or Deals Program. During any suspension period, Service Provider agrees to continue honoring all Deals that were claimed prior to the suspension. If Service Provider fails to honor any Deals, it will be permanently prohibited from participating in the Advertising Program and Deals Program. Notwithstanding the foregoing, Angie's List reserves the right to, with or without cause and without notice, terminate Service Provider's participation in the Advertising Program and/or Deals Program indefinitely.
- TERM, FEES, AND TERMINATION: The initial term of this Agreement shall be the longer of one (1) year following the Effective Date or, if Service Provider is participating in the Deals Program, the last date a Consumer redeems his or her Deal with Service Provider ("Initial Term"). On each anniversary of the Effective Date, the Agreement shall then automatically renew for an additional one (1) year term ("Renewal Terms"). Service Provider also agrees that, at the beginning of a Renewal Term, Angie's List may increase the price of any Item or all Items up to 10% more than the price Service provider paid during the previous 12-month term for such Item(s). Service Provider may prevent the Agreement from automatically renewing by providing written notice to Angie's List at least 30 days before the beginning of a new Renewal Term. If, however, Service Provider cancels the contract and such cancellation is effective prior to the end of the Initial Term or any Renewal Term, Service Provider agrees to pay an early termination fee of 35% of the unused value of the total contract for that Term. Angie's List may terminate this Agreement at any time and for any reason. Additionally, this Agreement shall automatically terminate if Service Provider fails to continue meeting any of the eligibility requirements set forth under Section 1. Notwithstanding the foregoing, Sections 10-12, 14-15, and 17-20 will indefinitely survive any expiration or termination of this Agreement.
- PREPAID AGREEMENT SPECIAL TERMS: IF SERVICE PROVIDER HAS PREPAID IN FULL FOR A 12-MONTH TERM, THE FOLLOWING SPECIAL TERMS AND CONDITIONS APPLY. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH UNDER SECTION 8, AFTER THE FIRST 30 DAYS OF THE TERM, THIS AGREEMENT SHALL BE NON-CANCELABLE BY SERVICE PROVIDER AND NON-REFUNDABLE. IF CANCELLED DURING THE FIRST 30 DAYS, THIS AGREEMENT SHALL TERMINATE AS OF THE END OF THE FIRST MONTH, AND YOU SHALL RECEIVE A PRORATED REFUND OF 11 MONTHS-WORTH OF YOUR PAYMENT. IF SERVICE PROVIDER NOTIFIES ANGIE’S LIST IN WRITING OF ITS DESIRE FOR THE ADVERTISING TO CEASE, ANGIE’S LIST SHALL HONOR SUCH REQUEST; HOWEVER, SERVICE PROVIDER SHALL NOT RECEIVE A REFUND, PRO-RATED OR OTHERWISE, OF THE ADVERTISING FEES PREPAID UNDER THIS AGREEMENT. SERVICE PROVIDER ACKNOWLEDGES THAT THESE SPECIAL TERMS ARE REASONABLE AS IT HAS RECEIVED ADDITIONAL CONSIDERATION TO PREPAY IN FULL FOR ITS ADVERTISING, AND SUCH PREPAYMENT AND ADDITIONAL CONSIDERATION ARE NOTED IN THE “ADDITIONAL COMMENTS” SECTION ABOVE.
- CONFIDENTIALITY: Service Provider agrees that Angie's List's member lists, Angie's List's Consumer lists, the terms and conditions of this Agreement, and the existence this Agreement (collectively, the "Confidential Information"), shall be held in strict confidence, for the mutual benefit of Service Provider and Angie's List, and that, except as necessary in the sale of the goods or performance of the services which are the subject of the Coupon or Deal, Service Provider shall not disclose any Confidential Information without the prior written consent of Angie's List. Service Provider is strictly prohibited from selling any of Angie's List's Confidential Information, including, in particular, member or Consumer lists. Notwithstanding the foregoing, Service Provider may disclose Confidential Information to the extent strictly necessary to comply with any order of a court of competent jurisdiction or as may be otherwise required by applicable law.
- INDEMNIFICATION; LIMITATION OF LIABILITY:
- Service Provider hereby agrees to indemnify, defend and hold harmless Angie's List and its successors and assigns and their respective shareholders, partners, directors, members, managers, officers, employees, agents, and representatives (without duplication) from and against any and all claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees) to the extent arising out of or resulting from (i) any breach by Service Provider of any representation, warranty or covenant contained in this Agreement; (ii) the sale of any products subject to a Coupon or Deal or provision of or failure to perform services subject to a Coupon or Deal, or otherwise; (iii) failure or refusal to honor any Coupon or Deal, provide services, or sell goods subject to a Coupon or Deal to a Consumer; (iv) any negligence or willful acts by such Service Provider; and (v) any claim for state sales, use, or other tax obligations arising from the sale or redemption of a Coupon or Deal.
- IN NO EVENT SHALL ANGIE'S LIST BE LIABLE TO SERVICE PROVIDER FOR LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR SPECIAL LOSSES, WHETHER BASED UPON A CLAIM FOR BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE CLAIM RELATING TO THIS AGREEMENT, THE RELEVANT GOODS OR SERVICES OR PERFORMANCE HEREUNDER.
- Service Provider understands that Angie's List is not providing, and will not provide, any legal or tax advice.
- DISCLAIMER OF WARRANTIES: SERVICE PROVIDER UNDERSTANDS AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH HEREIN, ANGIE'S LIST DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SECURITY, AND ACCURACY.
- CLAIMS: Any claim which Service Provider has or may hereafter have which arises out of or relates to, directly or indirectly, this Agreement or Angie's List performance hereunder must be made within one hundred twenty (120) days after the termination of this Agreement or within one hundred twenty (120) days after the date the first Deal is published (if applicable), whichever is latest. Any claim not so made shall be deemed waived by Service Provider.
- MARKETING MATERIALS; NO ENDORSEMENT: All marketing materials, documentation and information prepared by Service Provider relating to a Coupon or Deal must be approved by Angie's List prior to distribution and such approval shall not be unreasonably withheld, conditioned or delayed.
- USE OF TRADEMARKS: Service Provider hereby agrees that it shall not use, directly or indirectly, any of Angie's List's trademarks, trade names, images, service marks, logos or other intellectual property for any purpose without the express written consent of Angie's List. No license or other rights in or to any Angie's List intellectual property or logo are granted to Service Provider under or implied by this Agreement.
- ASSIGNMENT: Service Provider may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement or any Coupon or Deal without the prior written consent of Angie's List.
- COUNTERPARTS; FACSIMILE SIGNATURE: This Agreement may be executed in counterparts and by facsimile signature, each of which shall be deemed an original, but both of which together shall constitute one and the same Agreement.
- GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any choice or conflict of law provision or rule (either of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana. The parties expressly agree that any and all actions concerning any dispute arising under this Agreement shall be filed and maintained only in a state or federal court of competent jurisdiction sitting in Marion County, Indiana.
- WAIVER: Neither party shall be deemed to have waived any of its rights, powers nor remedies hereunder except in an express writing signed by an authorized agent or representative of the party to be charged.
- ENTIRE AGREEMENT: This Agreement, along with any addendums, schedules, or exhibits attached hereto or incorporated into by reference, constitutes the entire agreement between the parties hereto regarding the subject matter contained herein and may be amended or modified only by a writing signed by a duly authorized representative of each party and dated subsequent to the date hereof.
- BINDING EFFECT: This Agreement, including all the Exhibits attached hereto, and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of Angie's List and Service Provider and their respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.
Angie's List Mobile Alerts Terms and Conditions
Effective April 10, 2019
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Text STOP to 264437 to stop receiving Mobile Alerts messages from Angie's List (you will receive a confirmation text).
For additional information, text HELP to 264437 or call 1-(888) 944-5478.
Effective November 15, 2018 to April 10, 2019
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Text STOP to 264437 to stop receiving Mobile Alerts messages from Angie's List (you will receive a confirmation text).
For additional information, text HELP to 264437 or call 1-(888) 944-5478.
Privacy Policy
Effective January 7, 2020
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- Personal Information
- Cellular Phone Numbers
- Submission of Reviews, Ratings, and Comments
- Aggregate Information
- Third Party Information
- Cookies
- Ad Choices
- Other Tracking Technologies
- Do Not Track
- for internal review;
- to improve the Site and Services;
- to optimize third-party offers of products and/or services;
- to verify the legitimacy of reviews and ratings;
- to notify you about updates to the Site and Services;
- to let you know about products, services, and promotions that you may be interested in;
- to get reviews and ratings;
- for our marketing purposes and the marketing of discounts offered through our Site and Services by service contractors or health care related providers (collectively "Service Providers");
- to fulfill and provide products and services, including personalized or enhanced services, requested by you; and
- internal business analysis or other business purposes consistent with our mission; and to carry out other purposes that are disclosed to you and to which you consent.
- We have your permission to make the disclosure;
- The disclosure is necessary for the purpose for which the personal information was obtained;
- The disclosure is to the service provider from whom you purchased services through Angie’s List’s platform, including without limitation Big Deals, Storefronts, and project submissions;
- The disclosure is to financial service providers in order to fulfill and carry out the purchase and provision of goods and services requested by you;
- The disclosure is permitted by relevant law;
- The Personal Information to be disclosed is otherwise publicly available in accordance with the applicable law;
- The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
- The disclosure is for our own marketing purposes (including, without limitation, for Angie’s List to market services to you on third-party social media platforms such as Facebook), or, with your authorization, for the marketing purposes of third parties;
- The disclosure is combined with information collected from other companies and used to improve and personalize services, content, and advertising from us or third parties;
- The party to whom the disclosure is made controls, is controlled by, or is under common control with Angie's List;
- The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation;
- The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of our Angie's List Membership Agreement, even without a subpoena, warrant or court order; or
- The disclosure is to outside businesses to perform certain services for us, such as maintaining our Site and Services, mailing lists, processing orders and delivering products and services, sending postal mail, processing claims for lost or stolen certificates, providing marketing assistance, confirming your identity for review integrity, and data analysis ("Administrative Service Providers"), including Administrative Service Providers outside the country or jurisdiction in which you reside.
- We share information with others as more fully set forth above in Disclosures and Transfers of Information.
- We share your information with other parts of our business and with our service providers. See above: Disclosures and Transfers of Information.
Effective December 31, 2019 to January 7, 2020
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- Personal Information
- Cellular Phone Numbers
- Submission of Reviews, Ratings, and Comments
- Aggregate Information
- Third Party Information
- Cookies
- Ad Choices
- Other Tracking Technologies
- Do Not Track
- for internal review;
- to improve the Site and Services;
- to optimize third-party offers of products and/or services;
- to verify the legitimacy of reviews and ratings;
- to notify you about updates to the Site and Services;
- to let you know about products, services, and promotions that you may be interested in;
- to get reviews and ratings;
- for our marketing purposes and the marketing of discounts offered through our Site and Services by service contractors or health care related providers (collectively "Service Providers");
- to fulfill and provide products and services, including personalized or enhanced services, requested by you; and
- internal business analysis or other business purposes consistent with our mission; and to carry out other purposes that are disclosed to you and to which you consent.
- We have your permission to make the disclosure;
- The disclosure is necessary for the purpose for which the personal information was obtained;
- The disclosure is to the service provider from whom you purchased services through Angie’s List’s platform, including without limitation Big Deals, Storefronts, and project submissions;
- The disclosure is to financial service providers in order to fulfill and carry out the purchase and provision of goods and services requested by you;
- The disclosure is permitted by relevant law;
- The Personal Information to be disclosed is otherwise publicly available in accordance with the applicable law;
- The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
- The disclosure is for our own marketing purposes (including, without limitation, for Angie’s List to market services to you on third-party social media platforms such as Facebook), or, with your authorization, for the marketing purposes of third parties;
- The disclosure is combined with information collected from other companies and used to improve and personalize services, content, and advertising from us or third parties;
- The party to whom the disclosure is made controls, is controlled by, or is under common control with Angie's List;
- The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation;
- The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of our Angie's List Membership Agreement, even without a subpoena, warrant or court order; or
- The disclosure is to outside businesses to perform certain services for us, such as maintaining our Site and Services, mailing lists, processing orders and delivering products and services, sending postal mail, processing claims for lost or stolen certificates, providing marketing assistance, confirming your identity for review integrity, and data analysis ("Administrative Service Providers"), including Administrative Service Providers outside the country or jurisdiction in which you reside.
- We share information with others as more fully set forth above in Disclosures and Transfers of Information.
- We share your information with other parts of our business and with our service providers. See above: Disclosures and Transfers of Information.
Effective September 24, 2019 to December 31, 2019
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- Personal Information
- Cellular Phone Numbers
- Submission of Reviews, Ratings, and Comments
- Aggregate Information
- Third Party Information
- Cookies
- Other Tracking Technologies
- Do Not Track
- for internal review;
- to improve the Site and Services;
- to optimize third-party offers of products and/or services;
- to verify the legitimacy of reviews and ratings;
- to notify you about updates to the Site and Services;
- to let you know about products, services, and promotions that you may be interested in;
- to get reviews and ratings;
- for our marketing purposes and the marketing of discounts offered through our Site and Services by service contractors or health care related providers (collectively "Service Providers");
- to fulfill and provide products and services, including personalized or enhanced services, requested by you; and
- internal business analysis or other business purposes consistent with our mission; and to carry out other purposes that are disclosed to you and to which you consent.
- We have your permission to make the disclosure;
- The disclosure is necessary for the purpose for which the personal information was obtained;
- The disclosure is to the service provider from whom you purchased services through Angie’s List’s platform, including without limitation Big Deals, Storefronts, and project submissions;
- The disclosure is to financial service providers in order to fulfill and carry out the purchase and provision of goods and services requested by you;
- The disclosure is permitted by relevant law;
- The Personal Information to be disclosed is otherwise publicly available in accordance with the applicable law;
- The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
- The disclosure is for our own marketing purposes (including, without limitation, for Angie’s List to market services to you on third-party social media platforms such as Facebook), or, with your authorization, for the marketing purposes of third parties;
- The disclosure is combined with information collected from other companies and used to improve and personalize services, content, and advertising from us or third parties;
- The party to whom the disclosure is made controls, is controlled by, or is under common control with Angie's List;
- The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation;
- The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of our Angie's List Membership Agreement, even without a subpoena, warrant or court order; or
- The disclosure is to outside businesses to perform certain services for us, such as maintaining our Site and Services, mailing lists, processing orders and delivering products and services, sending postal mail, processing claims for lost or stolen certificates, providing marketing assistance, confirming your identity for review integrity, and data analysis ("Administrative Service Providers"), including Administrative Service Providers outside the country or jurisdiction in which you reside.
- We share information with others as more fully set forth above in Disclosures and Transfers of Information.
- We share your information with other parts of our business and with our service providers. See above: Disclosures and Transfers of Information.
Effective April 7, 2017 to September 24, 2019
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- Personal Information
- Cellular Phone Numbers
- Submission of Reviews, Ratings, and Comments
- Aggregate Information
- Third Party Information
- Cookies
- Other Tracking Technologies
- Do Not Track
- for internal review;
- to improve the Site and Services;
- to optimize third-party offers of products and/or services;
- to verify the legitimacy of reviews and ratings;
- to notify you about updates to the Site and Services;
- to let you know about products, services, and promotions that you may be interested in;
- to get reviews and ratings;
- for our marketing purposes and the marketing of discounts offered through our Site and Services by service contractors or health care related providers (collectively "Service Providers");
- to fulfill and provide products and services, including personalized or enhanced services, requested by you; and
- internal business analysis or other business purposes consistent with our mission; and to carry out other purposes that are disclosed to you and to which you consent.
- We have your permission to make the disclosure;
- The disclosure is necessary for the purpose for which the personal information was obtained;
- The disclosure is to the service provider from whom you purchased services through Angie’s List’s platform, including without limitation Big Deals, Storefronts, and project submissions;
- The disclosure is to financial service providers in order to fulfill and carry out the purchase and provision of goods and services requested by you;
- The disclosure is permitted by relevant law;
- The Personal Information to be disclosed is otherwise publicly available in accordance with the applicable law;
- The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
- The disclosure is for our own marketing purposes (including, without limitation, for Angie’s List to market services to you on third-party social media platforms such as Facebook), or, with your authorization, for the marketing purposes of third parties;
- The disclosure is combined with information collected from other companies and used to improve and personalize services, content, and advertising from us or third parties;
- The party to whom the disclosure is made controls, is controlled by, or is under common control with Angie's List;
- The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation;
- The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of our Angie's List Membership Agreement, even without a subpoena, warrant or court order; or
- The disclosure is to outside businesses to perform certain services for us, such as maintaining our Site and Services, mailing lists, processing orders and delivering products and services, sending postal mail, processing claims for lost or stolen certificates, providing marketing assistance, confirming your identity for review integrity, and data analysis ("Administrative Service Providers"), including Administrative Service Providers outside the country or jurisdiction in which you reside.
- We share information with others as more fully set forth above in Disclosures and Transfers of Information.
- We share your information with other parts of our business and with our service providers. See above: Disclosures and Transfers of Information.
Project Advisor Terms
Effective August 31, 2020
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- PROJECT ADVISOR SERVICES
- NO SCREENING FOR PROJECT ADVISOR SERVICES
- For Project Advisor Services, potential Service Providers are not screened through a background check, license check, credit check, or any other screening procedure. HOMEADVISOR MAKES NO GUARANTEE THAT SERVICE PROVIDERS ON PROJECT ADVISOR SERVICES HAVE A CLEAN CRIMINAL RECORD OR APPROPRIATE LICENSES.
. - HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECT ADVISOR SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
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- For Project Advisor Services, potential Service Providers are not screened through a background check, license check, credit check, or any other screening procedure. HOMEADVISOR MAKES NO GUARANTEE THAT SERVICE PROVIDERS ON PROJECT ADVISOR SERVICES HAVE A CLEAN CRIMINAL RECORD OR APPROPRIATE LICENSES.
- PAYMENT FOR PROJECT ADVISOR SERVICES
- Upon booking, we will charge the Requester’s credit card for a deposit (the “Deposit”).
Upon Project Initiation (as defined below), we will charge the Requester's credit card for the Upfront Payment(s), and upon Project Completion, we will charge the Requester's credit for the remainder of the amount owed in addition to all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with the Project Advisor Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. Provided, however, that for certain projects, we may charge an additional amount after Project Initiation but prior to Project Completion.We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Project Advisor Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Project Advisor Service transaction. Project Initiation is defined as when either HomeAdvisor or the Service Provider takes a substantial step in relation to the Project Advisor Service, including but not limited to (i) HomeAdvisor paying any non-refundable deposit to a Service Provider, and/or (ii) a Service Provider drafting plans, applying for planning permission, ordering materials, seeking any permit, and/or arriving at the address of the Requester to begin the Project Advisor Service. After HomeAdvisor receives written confirmation from both the Requester and Service Provider that the Project Advisor Service has been completed, as reasonably determined by HomeAdvisor (“Project Completion”), we will mark the Project Advisor Service as completed; provided, however, that Project Completion shall be deemed to have occurred if the Requester does not provide a response to HomeAdvisor within three (3) days of the Service Provider providing written confirmation of such. - Except for the Happiness Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Project Advisor Service provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- HOMEADVISOR HAPPINESS GUARANTEE FOR PROJECT ADVISOR SERVICES
- HomeAdvisor Project Advisor Services are eligible for the HomeAdvisor Happiness Guarantee as set forth in Section 13 of HomeAdvisor’s general Terms and Conditions, which is incorporated herein by reference.
- PRICE MATCH PROMISE
Projects that are eligible for the Price Match Promise will have language indicating such eligibility. If there is no reference to a Price Match Promise, that project is not eligible for the Price Match Promise.
Requirements for Submitting a Price Match Claim:
Your project must be booked through HomeAdvisor.com to qualify for a Price Match, and the lower price must be from a service professional in the HomeAdvisor network. Your claim must be submitted prior to you paying the 10% down payment for your booked project, and it must include a quote and detailed statement of work from the HomeAdvisor service professional offering a lower price. The statement of work must include the service professional’s contact information. The statement of work must mirror the details of your booked HomeAdvisor project (i.e. in scope, materials, location of home, and timing).
To submit your claim, email [email protected] – or call # (855) 908-0891.
Guidelines and limitations:
We reserve the right to contact the service professional to verify their quote. If we are not able to verify the lower price, we may decline the claim. HomeAdvisor may deny claims if it believes that the Price Match Promise is being intentionally abused or manipulated to circumvent its intent. A claim may be invalidated if you make any changes to your project after the claim is submitted and approved. Void where prohibited by law. HomeAdvisor may modify or discontinue the Price Match Promise or these terms and conditions at any time in our sole discretion, with or without notice. - OTHER OFFERS AND DISCOUNTS
- Promotional Credit
- Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
- HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable.
- Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
- Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Project Advisor Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Project Advisor Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Project Advisor Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Project Advisor Services ordered under your password or account, this Agreement shall not terminate until such Project Advisor Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- Cancellation Policy for Project Advisor Service Cancellation by Requester. HomeAdvisor's cancellation policy for specific Project Advisor Services is as follows: Requesters may cancel their Project Advisor Service through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels before Project Initiation, HomeAdvisor may retain the Deposit as a cancellation fee; and (ii) if a Requester cancels after Project Initiation, then Requester shall be charged a cancellation fee equal to the greater of (1) all or a portion of the Upfront Payment(s), as determined by HomeAdvisor in its sole discretion, or (2) the sum of (i) any materials purchased for Project Advisor Service, (ii) the time spent by the Service Provider on the Project Advisor Service through receipt of the cancellation request to be charged at Service Provider’s customary rates, and (iii) any other expense or fee incurred by the Service Provider and/or HomeAdvisor in relation to the Project Advisor Service. A Project Advisor Service appointment may be canceled by contacting the HomeAdvisor Project Advisor team at [email protected] or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205. If Requester does not respond to HomeAdvisor’s multiple, reasonable attempts to contact Requester regarding a particular Project Advisor Service, Requester shall be deemed to have cancelled that Project Advisor Service and the terms herein shall apply. Notwithstanding anything herein, any amount held by HomeAdvisor as a Deposit or an Upfront Payment shall not be returned by HomeAdvisor to the Requester in instances where Requester has cancelled a Project Advisor Service but uses any materials or correspondence provided or facilitated by HomeAdvisor in order to proceed with the home service that was the subject of the Requester’s Project Advisor Service request.
- Policy for Service Cancellation by Service Provider. Except for Project Advisor Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Project Advisor Service, HomeAdvisor generally notifies the Requester and may make the Requester's Project Advisor Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Project Advisor Service will be selected by another Service Provider and rescheduled or that the Project Advisor Service request will be completed.
- Policy for Service Cancellation by HomeAdvisor. HomeAdvisor reserves the right to cancel a Project Advisor Service for any reason, whereupon HomeAdvisor shall return all or a portion of the Upfront Payment, as determined by HomeAdvisor in its sole discretion.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Project Advisor Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Project Advisor Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Project Advisor Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: [email protected] and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective April 16, 2020 to August 31, 2020
DownloadTable of Contents
- PROJECT ADVISOR SERVICES
- SCREENING FOR PROJECT ADVISOR SERVICES
- For Project Advisor Services, we screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Project Advisor Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Project Advisor Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECT ADVISOR SERVICES.
- PAYMENT FOR PROJECT ADVISOR SERVICES
- Prior to Project Initiation (as defined below), we will charge the Requester's credit card for the Upfront Payment(s), and upon Project Completion, we will charge the Requester's credit for the remainder of the amount owed in addition to all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with the Project Advisor Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Project Advisor Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Project Advisor Service transaction. Project Initiation is defined as when the Service Provider first arrives at the address of the Service Requester to begin the Project Advisor Service. After HomeAdvisor receives written confirmation from both the Requester and Service Provider that the Project Advisor Service has been completed, as reasonably determined by HomeAdvisor (“Project Completion”), we will mark the Project Advisor Service as completed.
- Except for the HomeAdvisor Project Advisor Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Project Advisor Service provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- HOMEADVISOR PROJECT ADVISOR SERVICES GUARANTEE
- The HomeAdvisor Project Advisor Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Project Advisor Services. Pursuant to the HomeAdvisor Project Advisor Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Project Advisor Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Project Advisor Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Project Advisor Service. The Service Requester is eligible for the HomeAdvisor Project Advisor Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Project Completion by visiting us at www.HomeAdvisor.com/contact. If the Service Requester does not report the issue within seventy-two (72) hours of Project Completion, the claim is ineligible for the HomeAdvisor Project Advisor Services Guarantee.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Project Advisor Services Guarantee is secondary. The HomeAdvisor Project Advisor Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Project Advisor Services Guarantee for a Project Advisor Service, subject to the exclusions in subsection (d) below, provided:
- The Project Advisor Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of Project Completion;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Project Advisor Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Project Advisor Service.
- What is excluded from the HomeAdvisor Project Advisor Services Guarantee? The “HomeAdvisor Project Advisor Services Guarantee” does not cover the following:
- Project Advisor Services that are requested through Home Improvement Referrals or any other HomeAdvisor service;
- Any Project Advisor Service that is not booked and paid for directly through HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc.);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 23 & 24 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Project Advisor Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Project Advisor Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from Project Completion. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Project Advisor Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Project Advisor Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Project Advisor Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Project Advisor Services Guarantee.
- PRICE MATCH PROMISE
Projects that are eligible for the Price Match Promise will have language indicating such eligibility. If there is no reference to a Price Match Promise, that project is not eligible for the Price Match Promise.
Requirements for Submitting a Price Match Claim:
Your project must be booked through HomeAdvisor.com to qualify for a Price Match, and the lower price must be from a service professional in the HomeAdvisor network. Your claim must be submitted prior to you paying the 10% down payment for your booked project, and it must include a quote and detailed statement of work from the HomeAdvisor service professional offering a lower price. The statement of work must include the service professional’s contact information. The statement of work must mirror the details of your booked HomeAdvisor project (i.e. in scope, materials, location of home, and timing).
To submit your claim, email [email protected] – or call # (855) 908-0891.
Guidelines and limitations:
We reserve the right to contact the service professional to verify their quote. If we are not able to verify the lower price, we may decline the claim. HomeAdvisor may deny claims if it believes that the Price Match Promise is being intentionally abused or manipulated to circumvent its intent. A claim may be invalidated if you make any changes to your project after the claim is submitted and approved. Void where prohibited by law. HomeAdvisor may modify or discontinue the Price Match Promise or these terms and conditions at any time in our sole discretion, with or without notice. - OTHER OFFERS AND DISCOUNTS
- Promotional Credit
- Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
- HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable.
- Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
- Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Project Advisor Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Project Advisor Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Project Advisor Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Project Advisor Services ordered under your password or account, this Agreement shall not terminate until such Project Advisor Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- Cancellation Policy for Project Advisor Service Cancellation by Requester. HomeAdvisor's cancellation policy for specific Project Advisor Services is as follows: Requesters may cancel their Project Advisor Service through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels before Project Initiation, there is no cancellation fee; and (ii) if a Requester cancels after Project Initiation, then Service Requester shall be charged a cancellation fee equal to the greater of (1) all or a portion of the Upfront Payment(s), as determined by HomeAdvisor in its sole discretion, or (2) the sum of (i) any materials purchased for Project Advisor Service, and (ii) the time spent by the Service Provider on the Project Advisor Service through receipt of the cancellation request to be charged at Service Provider’s customary rates. A Project Advisor Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/contact or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Project Advisor Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Project Advisor Service, HomeAdvisor generally notifies the Requester and may make the Requester's Project Advisor Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Project Advisor Service will be selected by another Service Provider and rescheduled or that the Project Advisor Service request will be completed.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Project Advisor Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Project Advisor Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Project Advisor Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: [email protected] and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective April 16, 2020 to April 16, 2020
DownloadTable of Contents
- PROJECT ADVISOR SERVICES
- SCREENING FOR PROJECT ADVISOR SERVICES
- For Project Advisor Services, we screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Project Advisor Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Project Advisor Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECT ADVISOR SERVICES.
- PAYMENT FOR PROJECT ADVISOR SERVICES
- Prior to Project Initiation (as defined below), we will charge the Requester's credit card for the Upfront Payment(s), and upon Project Completion, we will charge the Requester's credit for the remainder of the amount owed in addition to all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with the Project Advisor Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Project Advisor Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Project Advisor Service transaction. Project Initiation is defined as when the Service Provider first arrives at the address of the Service Requester to begin the Project Advisor Service. After HomeAdvisor receives written confirmation from both the Requester and Service Provider that the Project Advisor Service has been completed, as reasonably determined by HomeAdvisor (“Project Completion”), we will mark the Project Advisor Service as completed.
- Except for the HomeAdvisor Project Advisor Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Project Advisor Service provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- HOMEADVISOR PROJECT ADVISOR SERVICES GUARANTEE
- The HomeAdvisor Project Advisor Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Project Advisor Services. Pursuant to the HomeAdvisor Project Advisor Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Project Advisor Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Project Advisor Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Project Advisor Service. The Service Requester is eligible for the HomeAdvisor Project Advisor Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Project Completion by visiting us at www.HomeAdvisor.com/contact. If the Service Requester does not report the issue within seventy-two (72) hours of Project Completion, the claim is ineligible for the HomeAdvisor Project Advisor Services Guarantee.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Project Advisor Services Guarantee is secondary. The HomeAdvisor Project Advisor Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Project Advisor Services Guarantee for a Project Advisor Service, subject to the exclusions in subsection (d) below, provided:
- The Project Advisor Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of Project Completion;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Project Advisor Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Project Advisor Service.
- What is excluded from the HomeAdvisor Project Advisor Services Guarantee? The “HomeAdvisor Project Advisor Services Guarantee” does not cover the following:
- Project Advisor Services that are requested through Home Improvement Referrals or any other HomeAdvisor service;
- Any Project Advisor Service that is not booked and paid for directly through HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc.);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 23 & 24 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Project Advisor Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Project Advisor Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from Project Completion. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Project Advisor Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Project Advisor Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Project Advisor Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Project Advisor Services Guarantee.
- PRICE MATCH PROMISE
Projects that are eligible for the Price Match Promise will have language indicating such eligibility. If there is no reference to a Price Match Promise, that project is not eligible for the Price Match Promise.
Requirements for Submitting a Price Match Claim:
Your project must be booked through HomeAdvisor.com to qualify for a Price Match, and the lower price must be from a service professional in the HomeAdvisor network. Your claim must be submitted prior to you paying the 10% down payment for your booked project, and it must include a quote and detailed statement of work from the HomeAdvisor service professional offering a lower price. The statement of work must include the service professional’s contact information. The statement of work must mirror the details of your booked HomeAdvisor project (i.e. in scope, materials, location of home, and timing).
To submit your claim, email [email protected] – or call # (855) 908-0891.
Guidelines and limitations:
We reserve the right to contact the service professional to verify their quote. If we are not able to verify the lower price, we may decline the claim. HomeAdvisor may deny claims if it believes that the Price Match Promise is being intentionally abused or manipulated to circumvent its intent. A claim may be invalidated if you make any changes to your project after the claim is submitted and approved. Void where prohibited by law. HomeAdvisor may modify or discontinue the Price Match Promise or these terms and conditions at any time in our sole discretion, with or without notice. - OTHER OFFERS AND DISCOUNTS
- Promotional Credit
- Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
- HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable.
- Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
- Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Project Advisor Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Project Advisor Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Project Advisor Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Project Advisor Services ordered under your password or account, this Agreement shall not terminate until such Project Advisor Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- Cancellation Policy for Project Advisor Service Cancellation by Requester. HomeAdvisor's cancellation policy for specific Project Advisor Services is as follows: Requesters may cancel their Project Advisor Service through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels before Project Initiation, there is no cancellation fee; and (ii) if a Requester cancels after Project Initiation, then Service Requester shall be charged a cancellation fee equal to the greater of (1) all or a portion of the Upfront Payment(s), as determined by HomeAdvisor in its sole discretion, or (2) the sum of (i) any materials purchased for Project Advisor Service, and (ii) the time spent by the Service Provider on the Project Advisor Service through receipt of the cancellation request to be charged at Service Provider’s customary rates. A Project Advisor Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/contact or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Project Advisor Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Project Advisor Service, HomeAdvisor generally notifies the Requester and may make the Requester's Project Advisor Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Project Advisor Service will be selected by another Service Provider and rescheduled or that the Project Advisor Service request will be completed.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Project Advisor Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Project Advisor Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Project Advisor Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: [email protected] and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective April 16, 2020 to April 16, 2020
DownloadTable of Contents
- PROJECT ADVISOR SERVICES
- SCREENING FOR PROJECT ADVISOR SERVICES
- For Project Advisor Services, we screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Project Advisor Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Project Advisor Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECT ADVISOR SERVICES.
- PAYMENT FOR PROJECT ADVISOR SERVICES
- Prior to Project Initiation (as defined below), we will charge the Requester's credit card for the Upfront Payment(s), and upon Project Completion, we will charge the Requester's credit for the remainder of the amount owed in addition to all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with the Project Advisor Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Project Advisor Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Project Advisor Service transaction. Project Initiation is defined as when the Service Provider first arrives at the address of the Service Requester to begin the Project Advisor Service. After HomeAdvisor receives written confirmation from both the Requester and Service Provider that the Project Advisor Service has been completed, as reasonably determined by HomeAdvisor (“Project Completion”), we will mark the Project Advisor Service as completed.
- Except for the HomeAdvisor Project Advisor Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Project Advisor Service provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- HOMEADVISOR PROJECT ADVISOR SERVICES GUARANTEE
- The HomeAdvisor Project Advisor Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Project Advisor Services. Pursuant to the HomeAdvisor Project Advisor Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Project Advisor Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Project Advisor Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Project Advisor Service. The Service Requester is eligible for the HomeAdvisor Project Advisor Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Project Completion by visiting us at www.HomeAdvisor.com/contact. If the Service Requester does not report the issue within seventy-two (72) hours of Project Completion, the claim is ineligible for the HomeAdvisor Project Advisor Services Guarantee.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Project Advisor Services Guarantee is secondary. The HomeAdvisor Project Advisor Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Project Advisor Services Guarantee for a Project Advisor Service, subject to the exclusions in subsection (d) below, provided:
- The Project Advisor Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of Project Completion;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Project Advisor Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Project Advisor Service.
- What is excluded from the HomeAdvisor Project Advisor Services Guarantee? The “HomeAdvisor Project Advisor Services Guarantee” does not cover the following:
- Project Advisor Services that are requested through Home Improvement Referrals or any other HomeAdvisor service;
- Any Project Advisor Service that is not booked and paid for directly through HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc.);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 23 & 24 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Project Advisor Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Project Advisor Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from Project Completion. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Project Advisor Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Project Advisor Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Project Advisor Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Project Advisor Services Guarantee.
- PRICE MATCH PROMISE
Projects that are eligible for the Price Match Promise will have language indicating such eligibility. If there is no reference to a Price Match Promise, that project is not eligible for the Price Match Promise.
Requirements for Submitting a Price Match Claim:
Your project must be booked through HomeAdvisor.com to qualify for a Price Match, and the lower price must be from a service professional in the HomeAdvisor network. Your claim must be submitted prior to you paying the 10% down payment for your booked project, and it must include a quote and detailed statement of work from the HomeAdvisor service professional offering a lower price. The statement of work must include the service professional’s contact information. The statement of work must mirror the details of your booked HomeAdvisor project (i.e. in scope, materials, location of home, and timing).
To submit your claim, email [email protected] – or call # (855) 908-0891.
Guidelines and limitations:
We reserve the right to contact the service professional to verify their quote. If we are not able to verify the lower price, we may decline the claim. HomeAdvisor may deny claims if it believes that the Price Match Promise is being intentionally abused or manipulated to circumvent its intent. A claim may be invalidated if you make any changes to your project after the claim is submitted and approved. Void where prohibited by law. HomeAdvisor may modify or discontinue the Price Match Promise or these terms and conditions at any time in our sole discretion, with or without notice. - OTHER OFFERS AND DISCOUNTS
- Promotional Credit
- Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
- HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable.
- Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
- Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Project Advisor Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Project Advisor Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Project Advisor Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Project Advisor Services ordered under your password or account, this Agreement shall not terminate until such Project Advisor Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- Cancellation Policy for Project Advisor Service Cancellation by Requester. HomeAdvisor's cancellation policy for specific Project Advisor Services is as follows: Requesters may cancel their Project Advisor Service through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels before Project Initiation, there is no cancellation fee; and (ii) if a Requester cancels after Project Initiation, then Service Requester shall be charged a cancellation fee equal to the greater of (1) all or a portion of the Upfront Payment(s), as determined by HomeAdvisor in its sole discretion, or (2) the sum of (i) any materials purchased for Project Advisor Service, and (ii) the time spent by the Service Provider on the Project Advisor Service through receipt of the cancellation request to be charged at Service Provider’s customary rates. A Project Advisor Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/contact or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Project Advisor Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Project Advisor Service, HomeAdvisor generally notifies the Requester and may make the Requester's Project Advisor Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Project Advisor Service will be selected by another Service Provider and rescheduled or that the Project Advisor Service request will be completed.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Project Advisor Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Project Advisor Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Project Advisor Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: [email protected] and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective April 16, 2020 to April 16, 2020
DownloadTable of Contents
- PROJECT ADVISOR SERVICES
- SCREENING FOR PROJECT ADVISOR SERVICES
- For Project Advisor Services, we screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Project Advisor Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Project Advisor Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECT ADVISOR SERVICES.
- PAYMENT FOR PROJECT ADVISOR SERVICES
- Prior to Project Initiation (as defined below), we will charge the Requester's credit card for the Upfront Payment(s), and upon Project Completion, we will charge the Requester's credit for the remainder of the amount owed in addition to all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with the Project Advisor Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Project Advisor Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Project Advisor Service transaction. Project Initiation is defined as when the Service Provider first arrives at the address of the Service Requester to begin the Project Advisor Service. After HomeAdvisor receives written confirmation from both the Requester and Service Provider that the Project Advisor Service has been completed, as reasonably determined by HomeAdvisor (“Project Completion”), we will mark the Project Advisor Service as completed.
- Except for the HomeAdvisor Project Advisor Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Project Advisor Service provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- HOMEADVISOR PROJECT ADVISOR SERVICES GUARANTEE
- The HomeAdvisor Project Advisor Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Project Advisor Services. Pursuant to the HomeAdvisor Project Advisor Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Project Advisor Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Project Advisor Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Project Advisor Service. The Service Requester is eligible for the HomeAdvisor Project Advisor Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Project Completion by visiting us at www.HomeAdvisor.com/contact. If the Service Requester does not report the issue within seventy-two (72) hours of Project Completion, the claim is ineligible for the HomeAdvisor Project Advisor Services Guarantee.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Project Advisor Services Guarantee is secondary. The HomeAdvisor Project Advisor Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Project Advisor Services Guarantee for a Project Advisor Service, subject to the exclusions in subsection (d) below, provided:
- The Project Advisor Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of Project Completion;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Project Advisor Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Project Advisor Service.
- What is excluded from the HomeAdvisor Project Advisor Services Guarantee? The “HomeAdvisor Project Advisor Services Guarantee” does not cover the following:
- Project Advisor Services that are requested through Home Improvement Referrals or any other HomeAdvisor service;
- Any Project Advisor Service that is not booked and paid for directly through HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc.);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 23 & 24 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Project Advisor Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Project Advisor Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from Project Completion. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Project Advisor Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Project Advisor Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Project Advisor Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Project Advisor Services Guarantee.
- PRICE MATCH PROMISE
Projects that are eligible for the Price Match Promise will have language indicating such eligibility. If there is no reference to a Price Match Promise, that project is not eligible for the Price Match Promise.
Requirements for Submitting a Price Match Claim:
Your project must be booked through HomeAdvisor.com to qualify for a Price Match, and the lower price must be from a service professional in the HomeAdvisor network. Your claim must be submitted prior to you paying the 10% down payment for your booked project, and it must include a quote and detailed statement of work from the HomeAdvisor service professional offering a lower price. The statement of work must include the service professional’s contact information. The statement of work must mirror the details of your booked HomeAdvisor project (i.e. in scope, materials, location of home, and timing).
To submit your claim, email [email protected] – or call # (855) 908-0891.
Guidelines and limitations:
We reserve the right to contact the service professional to verify their quote. If we are not able to verify the lower price, we may decline the claim. HomeAdvisor may deny claims if it believes that the Price Match Promise is being intentionally abused or manipulated to circumvent its intent. A claim may be invalidated if you make any changes to your project after the claim is submitted and approved. Void where prohibited by law. HomeAdvisor may modify or discontinue the Price Match Promise or these terms and conditions at any time in our sole discretion, with or without notice. - OTHER OFFERS AND DISCOUNTS
- Promotional Credit
- Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
- HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable.
- Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
- Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Project Advisor Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Project Advisor Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Project Advisor Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Project Advisor Services ordered under your password or account, this Agreement shall not terminate until such Project Advisor Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- Cancellation Policy for Project Advisor Service Cancellation by Requester. HomeAdvisor's cancellation policy for specific Project Advisor Services is as follows: Requesters may cancel their Project Advisor Service through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels before Project Initiation, there is no cancellation fee; and (ii) if a Requester cancels after Project Initiation, then Service Requester shall be charged a cancellation fee equal to the greater of (1) all or a portion of the Upfront Payment(s), as determined by HomeAdvisor in its sole discretion, or (2) the sum of (i) any materials purchased for Project Advisor Service, and (ii) the time spent by the Service Provider on the Project Advisor Service through receipt of the cancellation request to be charged at Service Provider’s customary rates. A Project Advisor Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/contact or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Project Advisor Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Project Advisor Service, HomeAdvisor generally notifies the Requester and may make the Requester's Project Advisor Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Project Advisor Service will be selected by another Service Provider and rescheduled or that the Project Advisor Service request will be completed.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Project Advisor Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Project Advisor Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Project Advisor Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: [email protected] and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective April 16, 2020 to April 16, 2020
DownloadTable of Contents
- PROJECT ADVISOR SERVICES
- SCREENING FOR PROJECT ADVISOR SERVICES
- For Project Advisor Services, we screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Project Advisor Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Project Advisor Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECT ADVISOR SERVICES.
- PAYMENT FOR PROJECT ADVISOR SERVICES
- Prior to Project Initiation (as defined below), we will charge the Requester's credit card for the Upfront Payment(s), and upon Project Completion, we will charge the Requester's credit for the remainder of the amount owed in addition to all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with the Project Advisor Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Project Advisor Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Project Advisor Service transaction. Project Initiation is defined as when the Service Provider first arrives at the address of the Service Requester to begin the Project Advisor Service. After HomeAdvisor receives written confirmation from both the Requester and Service Provider that the Project Advisor Service has been completed, as reasonably determined by HomeAdvisor (“Project Completion”), we will mark the Project Advisor Service as completed.
- Except for the HomeAdvisor Project Advisor Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Project Advisor Service provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- HOMEADVISOR PROJECT ADVISOR SERVICES GUARANTEE
- The HomeAdvisor Project Advisor Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Project Advisor Services. Pursuant to the HomeAdvisor Project Advisor Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Project Advisor Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Project Advisor Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Project Advisor Service. The Service Requester is eligible for the HomeAdvisor Project Advisor Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Project Completion by visiting us at www.HomeAdvisor.com/contact. If the Service Requester does not report the issue within seventy-two (72) hours of Project Completion, the claim is ineligible for the HomeAdvisor Project Advisor Services Guarantee.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Project Advisor Services Guarantee is secondary. The HomeAdvisor Project Advisor Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Project Advisor Services Guarantee for a Project Advisor Service, subject to the exclusions in subsection (d) below, provided:
- The Project Advisor Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of Project Completion;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Project Advisor Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Project Advisor Service.
- What is excluded from the HomeAdvisor Project Advisor Services Guarantee? The “HomeAdvisor Project Advisor Services Guarantee” does not cover the following:
- Project Advisor Services that are requested through Home Improvement Referrals or any other HomeAdvisor service;
- Any Project Advisor Service that is not booked and paid for directly through HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc.);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 23 & 24 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Project Advisor Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Project Advisor Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from Project Completion. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Project Advisor Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Project Advisor Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Project Advisor Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Project Advisor Services Guarantee.
- PRICE MATCH PROMISE
Projects that are eligible for the Price Match Promise will have language indicating such eligibility. If there is no reference to a Price Match Promise, that project is not eligible for the Price Match Promise.
Requirements for Submitting a Price Match Claim:
Your project must be booked through HomeAdvisor.com to qualify for a Price Match, and the lower price must be from a service professional in the HomeAdvisor network. Your claim must be submitted prior to you paying the 10% down payment for your booked project, and it must include a quote and detailed statement of work from the HomeAdvisor service professional offering a lower price. The statement of work must include the service professional’s contact information. The statement of work must mirror the details of your booked HomeAdvisor project (i.e. in scope, materials, location of home, and timing).
To submit your claim, email [email protected] – or call # (855) 908-0891.
Guidelines and limitations:
We reserve the right to contact the service professional to verify their quote. If we are not able to verify the lower price, we may decline the claim. HomeAdvisor may deny claims if it believes that the Price Match Promise is being intentionally abused or manipulated to circumvent its intent. A claim may be invalidated if you make any changes to your project after the claim is submitted and approved. Void where prohibited by law. HomeAdvisor may modify or discontinue the Price Match Promise or these terms and conditions at any time in our sole discretion, with or without notice. - OTHER OFFERS AND DISCOUNTS
- Promotional Credit
- Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
- HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable.
- Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
- Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Project Advisor Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Project Advisor Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Project Advisor Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Project Advisor Services ordered under your password or account, this Agreement shall not terminate until such Project Advisor Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- Cancellation Policy for Project Advisor Service Cancellation by Requester. HomeAdvisor's cancellation policy for specific Project Advisor Services is as follows: Requesters may cancel their Project Advisor Service through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels before Project Initiation, there is no cancellation fee; and (ii) if a Requester cancels after Project Initiation, then Service Requester shall be charged a cancellation fee equal to the greater of (1) all or a portion of the Upfront Payment(s), as determined by HomeAdvisor in its sole discretion, or (2) the sum of (i) any materials purchased for Project Advisor Service, and (ii) the time spent by the Service Provider on the Project Advisor Service through receipt of the cancellation request to be charged at Service Provider’s customary rates. A Project Advisor Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/contact or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Project Advisor Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Project Advisor Service, HomeAdvisor generally notifies the Requester and may make the Requester's Project Advisor Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Project Advisor Service will be selected by another Service Provider and rescheduled or that the Project Advisor Service request will be completed.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Project Advisor Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Project Advisor Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Project Advisor Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: [email protected] and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective April 15, 2020 to April 16, 2020
DownloadTable of Contents
- PROJECT ADVISOR SERVICES
- SCREENING FOR PROJECT ADVISOR SERVICES
- For Project Advisor Services, we screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Project Advisor Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Project Advisor Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECT ADVISOR SERVICES.
- PAYMENT FOR PROJECT ADVISOR SERVICES
- Prior to Project Initiation (as defined below), we will charge the Requester's credit card for the Upfront Payment(s), and upon Project Completion, we will charge the Requester's credit for the remainder of the amount owed in addition to all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with the Project Advisor Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Project Advisor Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Project Advisor Service transaction. Project Initiation is defined as when the Service Provider first arrives at the address of the Service Requester to begin the Project Advisor Service. After HomeAdvisor receives written confirmation from both the Requester and Service Provider that the Project Advisor Service has been completed, as reasonably determined by HomeAdvisor (“Project Completion”), we will mark the Project Advisor Service as completed.
- Except for the HomeAdvisor Project Advisor Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Project Advisor Service provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- HOMEADVISOR PROJECT ADVISOR SERVICES GUARANTEE
- The HomeAdvisor Project Advisor Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Project Advisor Services. Pursuant to the HomeAdvisor Project Advisor Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Project Advisor Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Project Advisor Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Project Advisor Service. The Service Requester is eligible for the HomeAdvisor Project Advisor Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Project Completion by visiting us at www.HomeAdvisor.com/contact. If the Service Requester does not report the issue within seventy-two (72) hours of Project Completion, the claim is ineligible for the HomeAdvisor Project Advisor Services Guarantee.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Project Advisor Services Guarantee is secondary. The HomeAdvisor Project Advisor Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Project Advisor Services Guarantee for a Project Advisor Service, subject to the exclusions in subsection (d) below, provided:
- The Project Advisor Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of Project Completion;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Project Advisor Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Project Advisor Service.
- What is excluded from the HomeAdvisor Project Advisor Services Guarantee? The “HomeAdvisor Project Advisor Services Guarantee” does not cover the following:
- Project Advisor Services that are requested through Home Improvement Referrals or any other HomeAdvisor service;
- Any Project Advisor Service that is not booked and paid for directly through HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc.);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 23 & 24 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Project Advisor Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Project Advisor Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from Project Completion. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Project Advisor Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Project Advisor Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Project Advisor Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Project Advisor Services Guarantee.
- PRICE MATCH PROMISE
Projects that are eligible for the Price Match Promise will have language indicating such eligibility. If there is no reference to a Price Match Promise, that project is not eligible for the Price Match Promise.
Requirements for Submitting a Price Match Claim:
Your project must be booked through HomeAdvisor.com to qualify for a Price Match, and the lower price must be from a service professional in the HomeAdvisor network. Your claim must be submitted prior to you paying the 10% down payment for your booked project, and it must include a quote and detailed statement of work from the HomeAdvisor service professional offering a lower price. The statement of work must include the service professional’s contact information. The statement of work must mirror the details of your booked HomeAdvisor project (i.e. in scope, materials, location of home, and timing).
To submit your claim, email [email protected] – or call # (855) 908-0891.
Guidelines and limitations:
We reserve the right to contact the service professional to verify their quote. If we are not able to verify the lower price, we may decline the claim. HomeAdvisor may deny claims if it believes that the Price Match Promise is being intentionally abused or manipulated to circumvent its intent. A claim may be invalidated if you make any changes to your project after the claim is submitted and approved. Void where prohibited by law. HomeAdvisor may modify or discontinue the Price Match Promise or these terms and conditions at any time in our sole discretion, with or without notice. - OTHER OFFERS AND DISCOUNTS
- Promotional Credit
- Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
- HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable.
- Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
- Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Project Advisor Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Project Advisor Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Project Advisor Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Project Advisor Services ordered under your password or account, this Agreement shall not terminate until such Project Advisor Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- Cancellation Policy for Project Advisor Service Cancellation by Requester. HomeAdvisor's cancellation policy for specific Project Advisor Services is as follows: Requesters may cancel their Project Advisor Service through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels before Project Initiation, there is no cancellation fee; and (ii) if a Requester cancels after Project Initiation, then Service Requester shall be charged a cancellation fee equal to the greater of (1) all or a portion of the Upfront Payment(s), as determined by HomeAdvisor in its sole discretion, or (2) the sum of (i) any materials purchased for Project Advisor Service, and (ii) the time spent by the Service Provider on the Project Advisor Service through receipt of the cancellation request to be charged at Service Provider’s customary rates. A Project Advisor Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/contact or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Project Advisor Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Project Advisor Service, HomeAdvisor generally notifies the Requester and may make the Requester's Project Advisor Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Project Advisor Service will be selected by another Service Provider and rescheduled or that the Project Advisor Service request will be completed.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Project Advisor Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Project Advisor Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Project Advisor Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: [email protected] and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective April 15, 2020 to April 15, 2020
DownloadTable of Contents
- PROJECT ADVISOR SERVICES
- SCREENING FOR PROJECT ADVISOR SERVICES
- For Project Advisor Services, we screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Project Advisor Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Project Advisor Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECT ADVISOR SERVICES.
- PAYMENT FOR PROJECT ADVISOR SERVICES
- Prior to Project Initiation (as defined below), we will charge the Requester's credit card for the Upfront Payment(s), and upon Project Completion, we will charge the Requester's credit for the remainder of the amount owed in addition to all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with the Project Advisor Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Project Advisor Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Project Advisor Service transaction. Project Initiation is defined as when the Service Provider first arrives at the address of the Service Requester to begin the Project Advisor Service. After HomeAdvisor receives written confirmation from both the Requester and Service Provider that the Project Advisor Service has been completed, as reasonably determined by HomeAdvisor (“Project Completion”), we will mark the Project Advisor Service as completed.
- Except for the HomeAdvisor Project Advisor Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Project Advisor Service provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- HOMEADVISOR PROJECT ADVISOR SERVICES GUARANTEE
- The HomeAdvisor Project Advisor Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Project Advisor Services. Pursuant to the HomeAdvisor Project Advisor Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Project Advisor Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Project Advisor Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Project Advisor Service. The Service Requester is eligible for the HomeAdvisor Project Advisor Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Project Completion by visiting us at www.HomeAdvisor.com/contact. If the Service Requester does not report the issue within seventy-two (72) hours of Project Completion, the claim is ineligible for the HomeAdvisor Project Advisor Services Guarantee.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Project Advisor Services Guarantee is secondary. The HomeAdvisor Project Advisor Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Project Advisor Services Guarantee for a Project Advisor Service, subject to the exclusions in subsection (d) below, provided:
- The Project Advisor Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of Project Completion;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Project Advisor Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Project Advisor Service.
- What is excluded from the HomeAdvisor Project Advisor Services Guarantee? The “HomeAdvisor Project Advisor Services Guarantee” does not cover the following:
- Project Advisor Services that are requested through Home Improvement Referrals or any other HomeAdvisor service;
- Any Project Advisor Service that is not booked and paid for directly through HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc.);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 23 & 24 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Project Advisor Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Project Advisor Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from Project Completion. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Project Advisor Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Project Advisor Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Project Advisor Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Project Advisor Services Guarantee.
- PRICE MATCH PROMISE:
Projects that are eligible for the Price Match Promise will have language indicating such eligibility. If there is no reference to a Price Match Promise, that project is not eligible for the Price Match Promise.
Requirements for Submitting a Price Match Claim:
Your project must be booked through HomeAdvisor.com to qualify for a Price Match, and the lower price must be from a service professional in the HomeAdvisor network. Your claim must be submitted prior to you paying the 10% down payment for your booked project, and it must include a quote and detailed statement of work from the HomeAdvisor service professional offering a lower price. The statement of work must include the service professional’s contact information. The statement of work must mirror the details of your booked HomeAdvisor project (i.e. in scope, materials, location of home, and timing).
To submit your claim, email [email protected] – or call # (855) 908-0891.
Guidelines and limitations:
We reserve the right to contact the service professional to verify their quote. If we are not able to verify the lower price, we may decline the claim. HomeAdvisor may deny claims if it believes that the Price Match Promise is being intentionally abused or manipulated to circumvent its intent. A claim may be invalidated if you make any changes to your project after the claim is submitted and approved. Void where prohibited by law. HomeAdvisor may modify or discontinue the Price Match Promise or these terms and conditions at any time in our sole discretion, with or without notice. - OTHER OFFERS AND DISCOUNTS
- Promotional Credit
- Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
- HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable.
- Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
- Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Project Advisor Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Project Advisor Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Project Advisor Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Project Advisor Services ordered under your password or account, this Agreement shall not terminate until such Project Advisor Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- Cancellation Policy for Project Advisor Service Cancellation by Requester. HomeAdvisor's cancellation policy for specific Project Advisor Services is as follows: Requesters may cancel their Project Advisor Service through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels before Project Initiation, there is no cancellation fee; and (ii) if a Requester cancels after Project Initiation, then Service Requester shall be charged a cancellation fee equal to the greater of (1) all or a portion of the Upfront Payment(s), as determined by HomeAdvisor in its sole discretion, or (2) the sum of (i) any materials purchased for Project Advisor Service, and (ii) the time spent by the Service Provider on the Project Advisor Service through receipt of the cancellation request to be charged at Service Provider’s customary rates. A Project Advisor Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/contact or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Project Advisor Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Project Advisor Service, HomeAdvisor generally notifies the Requester and may make the Requester's Project Advisor Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Project Advisor Service will be selected by another Service Provider and rescheduled or that the Project Advisor Service request will be completed.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Project Advisor Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Project Advisor Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Project Advisor Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: [email protected] and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective November 21, 2019 to April 15, 2020
DownloadTable of Contents
- PROJECT ADVISOR SERVICES
- SCREENING FOR PROJECT ADVISOR SERVICES
- For Project Advisor Services, we screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Project Advisor Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Project Advisor Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECT ADVISOR SERVICES.
- PAYMENT FOR PROJECT ADVISOR SERVICES
- Prior to Project Initiation (as defined below), we will charge the Requester's credit card for the Upfront Payment(s), and upon Project Completion, we will charge the Requester's credit for the remainder of the amount owed in addition to all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with the Project Advisor Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Project Advisor Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Project Advisor Service transaction. Project Initiation is defined as when the Service Provider first arrives at the address of the Service Requester to begin the Project Advisor Service. After HomeAdvisor receives written confirmation from both the Requester and Service Provider that the Project Advisor Service has been completed, as reasonably determined by HomeAdvisor (“Project Completion”), we will mark the Project Advisor Service as completed.
- Except for the HomeAdvisor Project Advisor Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Project Advisor Service provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- HOMEADVISOR PROJECT ADVISOR SERVICES GUARANTEE
- The HomeAdvisor Project Advisor Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Project Advisor Services. Pursuant to the HomeAdvisor Project Advisor Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Project Advisor Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Project Advisor Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Project Advisor Service. The Service Requester is eligible for the HomeAdvisor Project Advisor Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Project Completion by visiting us at www.HomeAdvisor.com/contact. If the Service Requester does not report the issue within seventy-two (72) hours of Project Completion, the claim is ineligible for the HomeAdvisor Project Advisor Services Guarantee.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Project Advisor Services Guarantee is secondary. The HomeAdvisor Project Advisor Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Project Advisor Services Guarantee for a Project Advisor Service, subject to the exclusions in subsection (d) below, provided:
- The Project Advisor Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of Project Completion;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Project Advisor Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Project Advisor Service.
- What is excluded from the HomeAdvisor Project Advisor Services Guarantee? The “HomeAdvisor Project Advisor Services Guarantee” does not cover the following:
- Project Advisor Services that are requested through Home Improvement Referrals or any other HomeAdvisor service;
- Any Project Advisor Service that is not booked and paid for directly through HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc.);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 23 & 24 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Project Advisor Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Project Advisor Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from Project Completion. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Project Advisor Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Project Advisor Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Project Advisor Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Project Advisor Services Guarantee.
- OTHER OFFERS AND DISCOUNTS
- Promotional Credit
- Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
- HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable.
- Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
- Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Project Advisor Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Project Advisor Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Project Advisor Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Project Advisor Services ordered under your password or account, this Agreement shall not terminate until such Project Advisor Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- Cancellation Policy for Project Advisor Service Cancellation by Requester. HomeAdvisor's cancellation policy for specific Project Advisor Services is as follows: Requesters may cancel their Project Advisor Service through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels before Project Initiation, there is no cancellation fee; and (ii) if a Requester cancels after Project Initiation, then Service Requester shall be charged a cancellation fee equal to the greater of (1) all or a portion of the Upfront Payment(s), as determined by HomeAdvisor in its sole discretion, or (2) the sum of (i) any materials purchased for Project Advisor Service, and (ii) the time spent by the Service Provider on the Project Advisor Service through receipt of the cancellation request to be charged at Service Provider’s customary rates. A Project Advisor Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/contact or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Project Advisor Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Project Advisor Service, HomeAdvisor generally notifies the Requester and may make the Requester's Project Advisor Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Project Advisor Service will be selected by another Service Provider and rescheduled or that the Project Advisor Service request will be completed.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Project Advisor Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Project Advisor Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Project Advisor Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: [email protected] and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective November 21, 2019 to November 21, 2019
DownloadTable of Contents
- PROJECT ADVISOR SERVICES
- SCREENING FOR PROJECT ADVISOR SERVICES
- For Project Advisor Services, we screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Project Advisor Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Project Advisor Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECT ADVISOR SERVICES.
- PAYMENT FOR PROJECT ADVISOR SERVICES
- Prior to Project Initiation (as defined below), we will charge the Requester's credit card for the Upfront Payment(s), and upon Project Completion, we will charge the Requester's credit for the remainder of the amount owed in addition to all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with the Project Advisor Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Project Advisor Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Project Advisor Service transaction. Project Initiation is defined as when the Service Provider first arrives at the address of the Service Requester to begin the Project Advisor Service. After HomeAdvisor receives written confirmation from both the Requester and Service Provider that the Project Advisor Service has been completed, as reasonably determined by HomeAdvisor (“Project Completion”), we will mark the Project Advisor Service as completed.
- Except for the HomeAdvisor Project Advisor Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Project Advisor Service provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- HOMEADVISOR PROJECT ADVISOR SERVICES GUARANTEE
- The HomeAdvisor Project Advisor Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Project Advisor Services. Pursuant to the HomeAdvisor Project Advisor Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Project Advisor Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Project Advisor Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Project Advisor Service. The Service Requester is eligible for the HomeAdvisor Project Advisor Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Project Completion by visiting us at www.HomeAdvisor.com/contact. If the Service Requester does not report the issue within seventy-two (72) hours of Project Completion, the claim is ineligible for the HomeAdvisor Project Advisor Services Guarantee.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Project Advisor Services Guarantee is secondary. The HomeAdvisor Project Advisor Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Project Advisor Services Guarantee for a Project Advisor Service, subject to the exclusions in subsection (d) below, provided:
- The Project Advisor Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of Project Completion;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Project Advisor Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Project Advisor Service.
- What is excluded from the HomeAdvisor Project Advisor Services Guarantee? The “HomeAdvisor Project Advisor Services Guarantee” does not cover the following:
- Project Advisor Services that are requested through Home Improvement Referrals or any other HomeAdvisor service;
- Any Project Advisor Service that is not booked and paid for directly through HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc.);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 23 & 24 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Project Advisor Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Project Advisor Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from Project Completion. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Project Advisor Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Project Advisor Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Project Advisor Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Project Advisor Services Guarantee.
- OTHER OFFERS AND DISCOUNTS
- Promotional Credit
- Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
- HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable.
- Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
- Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Project Advisor Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Project Advisor Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Project Advisor Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Project Advisor Services ordered under your password or account, this Agreement shall not terminate until such Project Advisor Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- Cancellation Policy for Project Advisor Service Cancellation by Requester. HomeAdvisor's cancellation policy for specific Project Advisor Services is as follows: Requesters may cancel their Project Advisor Service through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels before Project Initiation, there is no cancellation fee; and (ii) if a Requester cancels after Project Initiation, then Service Requester shall be charged a cancellation fee equal to the greater of (1) all or a portion of the Upfront Payment(s), as determined by HomeAdvisor in its sole discretion, or (2) the sum of (i) any materials purchased for Project Advisor Service, and (ii) the time spent by the Service Provider on the Project Advisor Service through receipt of the cancellation request to be charged at Service Provider’s customary rates. A Project Advisor Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/contact or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Project Advisor Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Project Advisor Service, HomeAdvisor generally notifies the Requester and may make the Requester's Project Advisor Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Project Advisor Service will be selected by another Service Provider and rescheduled or that the Project Advisor Service request will be completed.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Project Advisor Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Project Advisor Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Project Advisor Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: [email protected] and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective November 21, 2019 to November 21, 2019
DownloadTable of Contents
- PROJECT ADVISOR SERVICES
- SCREENING FOR PROJECT ADVISOR SERVICES
- For Project Advisor Services, we screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Project Advisor Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Project Advisor Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROJECT ADVISOR SERVICES.
- PAYMENT FOR PROJECT ADVISOR SERVICES
- Prior to Project Initiation (as defined below), we will charge the Requester's credit card for the Upfront Payment(s), and upon Project Completion, we will charge the Requester's credit for the remainder of the amount owed in addition to all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with the Project Advisor Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Project Advisor Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Project Advisor Service transaction. Project Initiation is defined as when the Service Provider first arrives at the address of the Service Requester to begin the Project Advisor Service. After HomeAdvisor receives written confirmation from both the Requester and Service Provider that the Project Advisor Service has been completed, as reasonably determined by HomeAdvisor (“Project Completion”), we will mark the Project Advisor Service as completed.
- Except for the HomeAdvisor Project Advisor Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Project Advisor Service provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- HOMEADVISOR PROJECT ADVISOR SERVICES GUARANTEE
- The HomeAdvisor Project Advisor Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Project Advisor Services. Pursuant to the HomeAdvisor Project Advisor Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Project Advisor Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Project Advisor Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Project Advisor Service. The Service Requester is eligible for the HomeAdvisor Project Advisor Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Project Completion by visiting us at www.HomeAdvisor.com/contact. If the Service Requester does not report the issue within seventy-two (72) hours of Project Completion, the claim is ineligible for the HomeAdvisor Project Advisor Services Guarantee.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Project Advisor Services Guarantee is secondary. The HomeAdvisor Project Advisor Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Project Advisor Services Guarantee for a Project Advisor Service, subject to the exclusions in subsection (d) below, provided:
- The Project Advisor Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of Project Completion;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Project Advisor Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Project Advisor Service.
- What is excluded from the HomeAdvisor Project Advisor Services Guarantee? The “HomeAdvisor Project Advisor Services Guarantee” does not cover the following:
- Project Advisor Services that are requested through Home Improvement Referrals or any other HomeAdvisor service;
- Any Project Advisor Service that is not booked and paid for directly through HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc.);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 23 & 24 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Project Advisor Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Project Advisor Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from Project Completion. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Project Advisor Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Project Advisor Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Project Advisor Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Project Advisor Services Guarantee.
- OTHER OFFERS AND DISCOUNTS
- Promotional Credit
- Promotional credit is only eligible for the specific services designated by HomeAdvisor. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. HomeAdvisor reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
- HomeAdvisor promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional credits may not be purchased for cash and HomeAdvisor does not sell promotional credit. Promotional credit is nonrefundable.
- Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
- Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Project Advisor Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Project Advisor Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/contact.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Project Advisor Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Project Advisor Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Project Advisor Services ordered under your password or account, this Agreement shall not terminate until such Project Advisor Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- Cancellation Policy for Project Advisor Service Cancellation by Requester. HomeAdvisor's cancellation policy for specific Project Advisor Services is as follows: Requesters may cancel their Project Advisor Service through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels before Project Initiation, there is no cancellation fee; and (ii) if a Requester cancels after Project Initiation, then Service Requester shall be charged a cancellation fee equal to the greater of (1) all or a portion of the Upfront Payment(s), as determined by HomeAdvisor in its sole discretion, or (2) the sum of (i) any materials purchased for Project Advisor Service, and (ii) the time spent by the Service Provider on the Project Advisor Service through receipt of the cancellation request to be charged at Service Provider’s customary rates. A Project Advisor Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/contact or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Project Advisor Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Project Advisor Service, HomeAdvisor generally notifies the Requester and may make the Requester's Project Advisor Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Project Advisor Service will be selected by another Service Provider and rescheduled or that the Project Advisor Service request will be completed.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Project Advisor Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Project Advisor Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Project Advisor Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: [email protected] and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Fixed Price Terms
Effective September 9, 2020
DownloadTable of Contents
- FIXED PRICE SERVICES
- SCREENING FOR FIXED PRICED SERVICES
- For Fixed Price Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Fixed Price Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY FIXED PRICE SERVICES.
- PAYMENT FOR FIXED PRICE SERVICES; HOMEADVISOR SAVINGS MEMBERSHIP; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Prior to the scheduled Fixed Price Service, we will charge the Requester's credit card for those Fixed Price Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Fixed Price Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Fixed Price Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Fixed Price Service transaction. Seventy-two (72) after a Fixed Price Service is completed, if there is no complaint by the Requester, we will mark the Fixed Price Service as closed.
- Except for the HomeAdvisor Fixed Price Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Fixed Price Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Fixed Price Services, Requesters may have the option of choosing that the Fixed Price Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, HomeAdvisor will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. HomeAdvisor cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE FIXED PRICE Service WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED FIXED PRICE Service APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT FIXED PRICE SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT FIXED PRICE SERVICE PURSUANT TO HOMEADVISOR'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- HomeAdvisor Savings Membership.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services and other HomeAdvisor services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period.
- Limitations on HomeAdvisor Savings Membership: For non Fixed Price Services, your discount is capped at $35 per service and must be requested via HomeAdvisor and paid for via HomeAdvisor Pay.
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price Services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price Services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the HomeAdvisor Help Center at https://homeadvisor.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Fixed Price Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App. HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. .
- HOMEADVISOR FIXED PRICE SERVICES GUARANTEE
- The HomeAdvisor Fixed Price Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Fixed Price Services. Pursuant to the HomeAdvisor Fixed Price Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Fixed Price Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Fixed Price Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Fixed Price Service. The Service Requester is eligible for the HomeAdvisor Fixed Price Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service Provider’s completion of the Fixed Price Service to our Requester service by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help. If the Service Requester does not report the issue within seventy-two (72) hours of the Fixed Price Service appointment, the claim is ineligible for the HomeAdvisor Fixed Price Services Guarantee. For Recurring Services, each Fixed Price Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Fixed Price Services Guarantee is secondary. The HomeAdvisor Fixed Price Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Fixed Price Services Guarantee for a Fixed Price Service, subject to the exclusions in subsection (d) below, provided:
- The Fixed Price Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Service Provider’s completion of the Fixed Price Service;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Fixed Price Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Fixed Price Service.
- What is excluded from the HomeAdvisor Fixed Price Services Guarantee? The “HomeAdvisor Fixed Price Services Guarantee” does not cover the following:
- Fixed Price Services that are requested through Home Improvement Referrals or any other HomeAdvisor Service;
- Any Fixed Price Service that is not booked and paid for directly on HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 24 & 25 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Fixed Price Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Fixed Price Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Fixed Price Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Fixed Price Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Fixed Price Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Fixed Price Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Fixed Price Services Guarantee.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by HomeAdvisor. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. HomeAdvisor reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- HomeAdvisor promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional coupons may not be purchased for cash and HomeAdvisor does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
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 HOMEADVISOR AND THE SERVICE PROVIDERS, 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 FOR A FIXED PRICE SERVICE, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HOMEADVISOR AND EACH OF THE AFFECTED SERVICE PROVIDERS 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.
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Fixed Price Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Fixed Price Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/help.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Fixed Price Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Fixed Price Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Fixed Price Services ordered under your password or account, this Agreement shall not terminate until such Fixed Price Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- AUTOMATIC RENEWAL: For recurring Fixed Price Services, HomeAdvisor will automatically schedule Fixed Price Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.
- Cancellation Policy for Service Cancellation by Requester. HomeAdvisor's cancellation policy (found at www.HomeAdvisor.com/help) for specific Fixed Price Services is as follows: Requesters may cancel their scheduled Fixed Price Service appointments through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Fixed Price Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Fixed Price Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Fixed Price Service appointment, the Requester will be charged the full Fixed Price Service amount. This cancellation policy applies both for one-time Fixed Price Service bookings and for recurring Fixed Price Service appointments. A Fixed Price Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Fixed Price Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Fixed Price Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Fixed Price Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Fixed Price Service appointment will be selected by another Service Provider and rescheduled or that the Fixed Price Service request will be completed. For Recurrent Service Requesters, if a Fixed Price Service appointment is canceled by a Service Provider, Requester will not be charged for that Fixed Price Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Fixed Price Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Fixed Price Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Fixed Price Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: [email protected] and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective July 22, 2020 to September 9, 2020
DownloadTable of Contents
- FIXED PRICE SERVICES
- SCREENING FOR FIXED PRICED SERVICES
- For Fixed Price Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Fixed Price Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY FIXED PRICE SERVICES.
- PAYMENT FOR FIXED PRICE SERVICES; HOMEADVISOR SAVINGS MEMBERSHIP; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Prior to the scheduled Fixed Price Service, we will charge the Requester's credit card for those Fixed Price Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Fixed Price Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Fixed Price Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Fixed Price Service transaction. Seventy-two (72) after a Fixed Price Service is completed, if there is no complaint by the Requester, we will mark the Fixed Price Service as closed.
- Except for the HomeAdvisor Fixed Price Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Fixed Price Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Fixed Price Services, Requesters may have the option of choosing that the Fixed Price Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, HomeAdvisor will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. HomeAdvisor cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE FIXED PRICE Service WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED FIXED PRICE Service APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT FIXED PRICE SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT FIXED PRICE SERVICE PURSUANT TO HOMEADVISOR'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- HomeAdvisor Savings Membership.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price Services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price Services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the HomeAdvisor Help Center at https://homeadvisor.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Fixed Price Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App. HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. .
- HOMEADVISOR FIXED PRICE SERVICES GUARANTEE
- The HomeAdvisor Fixed Price Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Fixed Price Services. Pursuant to the HomeAdvisor Fixed Price Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Fixed Price Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Fixed Price Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Fixed Price Service. The Service Requester is eligible for the HomeAdvisor Fixed Price Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service Provider’s completion of the Fixed Price Service to our Requester service by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help. If the Service Requester does not report the issue within seventy-two (72) hours of the Fixed Price Service appointment, the claim is ineligible for the HomeAdvisor Fixed Price Services Guarantee. For Recurring Services, each Fixed Price Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Fixed Price Services Guarantee is secondary. The HomeAdvisor Fixed Price Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Fixed Price Services Guarantee for a Fixed Price Service, subject to the exclusions in subsection (d) below, provided:
- The Fixed Price Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Service Provider’s completion of the Fixed Price Service;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Fixed Price Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Fixed Price Service.
- What is excluded from the HomeAdvisor Fixed Price Services Guarantee? The “HomeAdvisor Fixed Price Services Guarantee” does not cover the following:
- Fixed Price Services that are requested through Home Improvement Referrals or any other HomeAdvisor Service;
- Any Fixed Price Service that is not booked and paid for directly on HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 24 & 25 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Fixed Price Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Fixed Price Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Fixed Price Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Fixed Price Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Fixed Price Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Fixed Price Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Fixed Price Services Guarantee.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by HomeAdvisor. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. HomeAdvisor reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- HomeAdvisor promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional coupons may not be purchased for cash and HomeAdvisor does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
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 HOMEADVISOR AND THE SERVICE PROVIDERS, 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 FOR A FIXED PRICE SERVICE, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HOMEADVISOR AND EACH OF THE AFFECTED SERVICE PROVIDERS 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.
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Fixed Price Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Fixed Price Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/help.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Fixed Price Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Fixed Price Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Fixed Price Services ordered under your password or account, this Agreement shall not terminate until such Fixed Price Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- AUTOMATIC RENEWAL: For recurring Fixed Price Services, HomeAdvisor will automatically schedule Fixed Price Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.
- Cancellation Policy for Service Cancellation by Requester. HomeAdvisor's cancellation policy (found at www.HomeAdvisor.com/help) for specific Fixed Price Services is as follows: Requesters may cancel their scheduled Fixed Price Service appointments through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Fixed Price Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Fixed Price Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Fixed Price Service appointment, the Requester will be charged the full Fixed Price Service amount. This cancellation policy applies both for one-time Fixed Price Service bookings and for recurring Fixed Price Service appointments. A Fixed Price Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Fixed Price Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Fixed Price Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Fixed Price Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Fixed Price Service appointment will be selected by another Service Provider and rescheduled or that the Fixed Price Service request will be completed. For Recurrent Service Requesters, if a Fixed Price Service appointment is canceled by a Service Provider, Requester will not be charged for that Fixed Price Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Fixed Price Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Fixed Price Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Fixed Price Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: [email protected] and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective July 14, 2020 to July 22, 2020
DownloadTable of Contents
- FIXED PRICE SERVICES
- SCREENING FOR FIXED PRICED SERVICES
- For Fixed Price Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Fixed Price Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY FIXED PRICE SERVICES.
- PAYMENT FOR FIXED PRICE SERVICES; HOMEADVISOR SAVINGS MEMBERSHIP; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Prior to the scheduled Fixed Price Service, we will charge the Requester's credit card for those Fixed Price Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Fixed Price Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Fixed Price Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Fixed Price Service transaction. Seventy-two (72) after a Fixed Price Service is completed, if there is no complaint by the Requester, we will mark the Fixed Price Service as closed.
- Except for the HomeAdvisor Fixed Price Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Fixed Price Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Fixed Price Services, Requesters may have the option of choosing that the Fixed Price Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, HomeAdvisor will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. HomeAdvisor cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE FIXED PRICE Service WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED FIXED PRICE Service APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT FIXED PRICE SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT FIXED PRICE SERVICE PURSUANT TO HOMEADVISOR'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- HomeAdvisor Savings Membership.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price Services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price Services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the HomeAdvisor Help Center at https://homeadvisor.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Fixed Price Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable for Fixed Price Services or service requests made through HomeAdvisor Pay on the HomeAdvisor App. HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. .
- HOMEADVISOR FIXED PRICE SERVICES GUARANTEE
- The HomeAdvisor Fixed Price Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Fixed Price Services. Pursuant to the HomeAdvisor Fixed Price Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Fixed Price Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Fixed Price Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Fixed Price Service. The Service Requester is eligible for the HomeAdvisor Fixed Price Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service Provider’s completion of the Fixed Price Service to our Requester service by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help. If the Service Requester does not report the issue within seventy-two (72) hours of the Fixed Price Service appointment, the claim is ineligible for the HomeAdvisor Fixed Price Services Guarantee. For Recurring Services, each Fixed Price Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Fixed Price Services Guarantee is secondary. The HomeAdvisor Fixed Price Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Fixed Price Services Guarantee for a Fixed Price Service, subject to the exclusions in subsection (d) below, provided:
- The Fixed Price Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Service Provider’s completion of the Fixed Price Service;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Fixed Price Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Fixed Price Service.
- What is excluded from the HomeAdvisor Fixed Price Services Guarantee? The “HomeAdvisor Fixed Price Services Guarantee” does not cover the following:
- Fixed Price Services that are requested through Home Improvement Referrals or any other HomeAdvisor Service;
- Any Fixed Price Service that is not booked and paid for directly on HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 24 & 25 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Fixed Price Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Fixed Price Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Fixed Price Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Fixed Price Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Fixed Price Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Fixed Price Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Fixed Price Services Guarantee.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by HomeAdvisor. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. HomeAdvisor reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- HomeAdvisor promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional coupons may not be purchased for cash and HomeAdvisor does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
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 HOMEADVISOR AND THE SERVICE PROVIDERS, 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 FOR A FIXED PRICE SERVICE, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HOMEADVISOR AND EACH OF THE AFFECTED SERVICE PROVIDERS 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.
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Fixed Price Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Fixed Price Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/help.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Fixed Price Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Fixed Price Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Fixed Price Services ordered under your password or account, this Agreement shall not terminate until such Fixed Price Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- AUTOMATIC RENEWAL: For recurring Fixed Price Services, HomeAdvisor will automatically schedule Fixed Price Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.
- Cancellation Policy for Service Cancellation by Requester. HomeAdvisor's cancellation policy (found at www.HomeAdvisor.com/help) for specific Fixed Price Services is as follows: Requesters may cancel their scheduled Fixed Price Service appointments through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Fixed Price Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Fixed Price Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Fixed Price Service appointment, the Requester will be charged the full Fixed Price Service amount. This cancellation policy applies both for one-time Fixed Price Service bookings and for recurring Fixed Price Service appointments. A Fixed Price Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Fixed Price Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Fixed Price Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Fixed Price Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Fixed Price Service appointment will be selected by another Service Provider and rescheduled or that the Fixed Price Service request will be completed. For Recurrent Service Requesters, if a Fixed Price Service appointment is canceled by a Service Provider, Requester will not be charged for that Fixed Price Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Fixed Price Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Fixed Price Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Fixed Price Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: [email protected] and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective April 15, 2020 to July 14, 2020
DownloadTable of Contents
- FIXED PRICE SERVICES
- SCREENING FOR FIXED PRICED SERVICES
- For Fixed Price Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Fixed Price Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY FIXED PRICE SERVICES.
- PAYMENT FOR FIXED PRICE SERVICES; HOMEADVISOR SAVINGS MEMBERSHIP; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Prior to the scheduled Fixed Price Service, we will charge the Requester's credit card for those Fixed Price Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Fixed Price Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Fixed Price Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Fixed Price Service transaction. Seventy-two (72) after a Fixed Price Service is completed, if there is no complaint by the Requester, we will mark the Fixed Price Service as closed.
- Except for the HomeAdvisor Fixed Price Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Fixed Price Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Fixed Price Services, Requesters may have the option of choosing that the Fixed Price Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, HomeAdvisor will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. HomeAdvisor cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE FIXED PRICE Service WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED FIXED PRICE Service APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT FIXED PRICE SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT FIXED PRICE SERVICE PURSUANT TO HOMEADVISOR'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- HomeAdvisor Savings Membership.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price Services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price Services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the HomeAdvisor Help Center at https://homeadvisor.zendesk.com/hc/en-us.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to Fixed Price Services in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. HomeAdvisor referral discounts are redeemable only for Fixed Price Services. HomeAdvisor referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. .
- HOMEADVISOR FIXED PRICE SERVICES GUARANTEE
- The HomeAdvisor Fixed Price Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Fixed Price Services. Pursuant to the HomeAdvisor Fixed Price Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Fixed Price Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Fixed Price Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Fixed Price Service. The Service Requester is eligible for the HomeAdvisor Fixed Price Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service Provider’s completion of the Fixed Price Service to our Requester service by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help. If the Service Requester does not report the issue within seventy-two (72) hours of the Fixed Price Service appointment, the claim is ineligible for the HomeAdvisor Fixed Price Services Guarantee. For Recurring Services, each Fixed Price Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Fixed Price Services Guarantee is secondary. The HomeAdvisor Fixed Price Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Fixed Price Services Guarantee for a Fixed Price Service, subject to the exclusions in subsection (d) below, provided:
- The Fixed Price Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Service Provider’s completion of the Fixed Price Service;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Fixed Price Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Fixed Price Service.
- What is excluded from the HomeAdvisor Fixed Price Services Guarantee? The “HomeAdvisor Fixed Price Services Guarantee” does not cover the following:
- Fixed Price Services that are requested through Home Improvement Referrals or any other HomeAdvisor Service;
- Any Fixed Price Service that is not booked and paid for directly on HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 24 & 25 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Fixed Price Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Fixed Price Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Fixed Price Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Fixed Price Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Fixed Price Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Fixed Price Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Fixed Price Services Guarantee.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by HomeAdvisor. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. HomeAdvisor reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- HomeAdvisor promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional coupons may not be purchased for cash and HomeAdvisor does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
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 HOMEADVISOR AND THE SERVICE PROVIDERS, 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 FOR A FIXED PRICE SERVICE, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HOMEADVISOR AND EACH OF THE AFFECTED SERVICE PROVIDERS 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.
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Fixed Price Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Fixed Price Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/help.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Fixed Price Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Fixed Price Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Fixed Price Services ordered under your password or account, this Agreement shall not terminate until such Fixed Price Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- AUTOMATIC RENEWAL: For recurring Fixed Price Services, HomeAdvisor will automatically schedule Fixed Price Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.
- Cancellation Policy for Service Cancellation by Requester. HomeAdvisor's cancellation policy (found at www.HomeAdvisor.com/help) for specific Fixed Price Services is as follows: Requesters may cancel their scheduled Fixed Price Service appointments through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Fixed Price Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Fixed Price Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Fixed Price Service appointment, the Requester will be charged the full Fixed Price Service amount. This cancellation policy applies both for one-time Fixed Price Service bookings and for recurring Fixed Price Service appointments. A Fixed Price Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Fixed Price Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Fixed Price Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Fixed Price Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Fixed Price Service appointment will be selected by another Service Provider and rescheduled or that the Fixed Price Service request will be completed. For Recurrent Service Requesters, if a Fixed Price Service appointment is canceled by a Service Provider, Requester will not be charged for that Fixed Price Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Fixed Price Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Fixed Price Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Fixed Price Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: [email protected] and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective March 17, 2020 to April 15, 2020
DownloadTable of Contents
- FIXED PRICE SERVICES
- SCREENING FOR FIXED PRICED SERVICES
- For Fixed Price Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Fixed Price Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY FIXED PRICE SERVICES.
- PAYMENT FOR FIXED PRICE SERVICES; HOMEADVISOR SAVINGS MEMBERSHIP; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Prior to the scheduled Fixed Price Service, we will charge the Requester's credit card for those Fixed Price Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Fixed Price Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Fixed Price Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Fixed Price Service transaction. Seventy-two (72) after a Fixed Price Service is completed, if there is no complaint by the Requester, we will mark the Fixed Price Service as closed.
- Except for the HomeAdvisor Fixed Price Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Fixed Price Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Fixed Price Services, Requesters may have the option of choosing that the Fixed Price Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, HomeAdvisor will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. HomeAdvisor cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE FIXED PRICE Service WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED FIXED PRICE Service APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT FIXED PRICE SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT FIXED PRICE SERVICE PURSUANT TO HOMEADVISOR'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- HomeAdvisor Savings Membership.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price Services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price Services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the HomeAdvisor Help Center at https://homeadvisor.zendesk.com/hc/en-us.
- HOMEADVISOR FIXED PRICE SERVICES GUARANTEE
- The HomeAdvisor Fixed Price Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Fixed Price Services. Pursuant to the HomeAdvisor Fixed Price Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Fixed Price Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Fixed Price Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Fixed Price Service. The Service Requester is eligible for the HomeAdvisor Fixed Price Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service Provider’s completion of the Fixed Price Service to our Requester service by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help. If the Service Requester does not report the issue within seventy-two (72) hours of the Fixed Price Service appointment, the claim is ineligible for the HomeAdvisor Fixed Price Services Guarantee. For Recurring Services, each Fixed Price Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Fixed Price Services Guarantee is secondary. The HomeAdvisor Fixed Price Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Fixed Price Services Guarantee for a Fixed Price Service, subject to the exclusions in subsection (d) below, provided:
- The Fixed Price Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Service Provider’s completion of the Fixed Price Service;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Fixed Price Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Fixed Price Service.
- What is excluded from the HomeAdvisor Fixed Price Services Guarantee? The “HomeAdvisor Fixed Price Services Guarantee” does not cover the following:
- Fixed Price Services that are requested through Home Improvement Referrals or any other HomeAdvisor Service;
- Any Fixed Price Service that is not booked and paid for directly on HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 24 & 25 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Fixed Price Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Fixed Price Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Fixed Price Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Fixed Price Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Fixed Price Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Fixed Price Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Fixed Price Services Guarantee.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by HomeAdvisor. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. HomeAdvisor reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- HomeAdvisor promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional coupons may not be purchased for cash and HomeAdvisor does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
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 HOMEADVISOR AND THE SERVICE PROVIDERS, 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 FOR A FIXED PRICE SERVICE, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HOMEADVISOR AND EACH OF THE AFFECTED SERVICE PROVIDERS 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.
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Fixed Price Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Fixed Price Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/help.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Fixed Price Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Fixed Price Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Fixed Price Services ordered under your password or account, this Agreement shall not terminate until such Fixed Price Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- AUTOMATIC RENEWAL: For recurring Fixed Price Services, HomeAdvisor will automatically schedule Fixed Price Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.
- Cancellation Policy for Service Cancellation by Requester. HomeAdvisor's cancellation policy (found at www.HomeAdvisor.com/help) for specific Fixed Price Services is as follows: Requesters may cancel their scheduled Fixed Price Service appointments through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Fixed Price Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Fixed Price Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Fixed Price Service appointment, the Requester will be charged the full Fixed Price Service amount. This cancellation policy applies both for one-time Fixed Price Service bookings and for recurring Fixed Price Service appointments. A Fixed Price Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Fixed Price Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Fixed Price Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Fixed Price Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Fixed Price Service appointment will be selected by another Service Provider and rescheduled or that the Fixed Price Service request will be completed. For Recurrent Service Requesters, if a Fixed Price Service appointment is canceled by a Service Provider, Requester will not be charged for that Fixed Price Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Fixed Price Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Fixed Price Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Fixed Price Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: [email protected] and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Effective December 12, 2019 to March 17, 2020
DownloadTable of Contents
- FIXED PRICE SERVICES
- SCREENING FOR FIXED PRICED SERVICES
- For Fixed Price Services, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Fixed Price Services, we currently use a third-party background check provider, Checkr, Inc., to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by HomeAdvisor without notice to you. With respect to criminal background checks, you acknowledge and understand that HomeAdvisor makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that HomeAdvisor relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. HomeAdvisor has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
- You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Fixed Price Services. HOMEADVISOR PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER ON HOMEADVISOR. HOMEADVISOR CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. HOMEADVISOR IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S BACKGROUND CHECK OR PROFILE. HOMEADVISOR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY FIXED PRICE SERVICES.
- PAYMENT FOR FIXED PRICE SERVICES; HOMEADVISOR SAVINGS MEMBERSHIP; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
- Prior to the scheduled Fixed Price Service, we will charge the Requester's credit card for those Fixed Price Services the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Fixed Price Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester's HomeAdvisor account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving HomeAdvisor (or a third-party payment processor on HomeAdvisor's behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe HomeAdvisor. Depending on the transaction you selected or services requested, HomeAdvisor may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Fixed Price Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with HomeAdvisor at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Fixed Price Service transaction. Seventy-two (72) after a Fixed Price Service is completed, if there is no complaint by the Requester, we will mark the Fixed Price Service as closed.
- Except for the HomeAdvisor Fixed Price Services Guarantee in Section 4, no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Fixed Price Service(s) provided (other than taxes based on HomeAdvisor's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Recurrent Service with Automatic Renewal and Recurring Charges.
- Recurring Service: When requesting certain Fixed Price Services, Requesters may have the option of choosing that the Fixed Price Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, HomeAdvisor will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. HomeAdvisor cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
- BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE FIXED PRICE Service WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED FIXED PRICE Service APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
- CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT FIXED PRICE SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT FIXED PRICE SERVICE PURSUANT TO HOMEADVISOR'S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
- HomeAdvisor Savings Membership.
- Select: HomeAdvisor may from time to time offer Requesters the opportunity to purchase certain Fixed Price Services at a discount provided the Requester first agrees to purchase an annual HomeAdvisor Savings Membership ("HomeAdvisor Savings Membership"). Any discounts obtained through HomeAdvisor Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase HomeAdvisor Savings Membership, you will be billed immediately for your initial HomeAdvisor Savings Membership subscription period. BY ENROLLING IN HOMEADVISOR SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH HOMEADVISOR SAVINGS MEMBERSHIP, YOU AUTHORIZE HOMEADVISOR TO CHARGE YOU FOR YOUR INITIAL HOMEADVISOR SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE HOMEADVISOR SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR HOMEADVISOR SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR HOMEADVISOR SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HOMEADVISOR (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in HomeAdvisor Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method HomeAdvisor has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your HomeAdvisor Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your HomeAdvisor Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A HOMEADVISOR SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR HOMEADVISOR SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT HOMEADVISOR SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your HomeAdvisor Savings Membership by visiting the HomeAdvisor Contact Center at https://www.homeadvisor.com/contact/ or by mailing a notice of cancellation to HomeAdvisor, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your HomeAdvisor Savings Membership you will continue to have access to HomeAdvisor Savings Membership through the end of your current paid HomeAdvisor Savings Membership period. Should you cancel HomeAdvisor Savings Membership, HomeAdvisor reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid HomeAdvisor Savings Membership period
- HomeAdvisor Trust and Support Fee. HomeAdvisor may assess an additional "Trust and Support Fee" to support the Fixed Price Services, including costs related to background checks, insurance, customer support, and related services provided to you by the HomeAdvisor Fixed Price Services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price Services (e.g., if you requested a Recurrent Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by HomeAdvisor in its entirety.
- Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit the HomeAdvisor Help Center at https://homeadvisor.zendesk.com/hc/en-us.
- HOMEADVISOR FIXED PRICE SERVICES GUARANTEE
- The HomeAdvisor Fixed Price Services Guarantee provides certain limited additional protections provided by HomeAdvisor for Fixed Price Services. Pursuant to the HomeAdvisor Fixed Price Services Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, HomeAdvisor will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of negligence of a Service Provider during performance of a Fixed Price Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stone work as a direct result of negligence of a Service Provider during the performance of a Fixed Price Service; or (c) up to USD $2,500, in the aggregate, for losses arising from theft of a Requester's property by a Service Provider during performance of a Fixed Price Service. The Service Requester is eligible for the HomeAdvisor Fixed Price Services Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service Provider’s completion of the Fixed Price Service to our Requester service by visiting the HomeAdvisor Help Center at www.HomeAdvisor.com/help. If the Service Requester does not report the issue within seventy-two (72) hours of the Fixed Price Service appointment, the claim is ineligible for the HomeAdvisor Fixed Price Services Guarantee. For Recurring Services, each Fixed Price Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the HomeAdvisor Fixed Price Services Guarantee is secondary. The HomeAdvisor Fixed Price Services Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.
- A Requester will be covered under the HomeAdvisor Fixed Price Services Guarantee for a Fixed Price Service, subject to the exclusions in subsection (d) below, provided:
- The Fixed Price Service is paid for in full through HomeAdvisor;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Service Provider’s completion of the Fixed Price Service;
- The Requester's HomeAdvisor account is in good standing with no outstanding balances owed to HomeAdvisor;
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Service Provider prior to the start of the Fixed Price Service; and
- The Requestor has accounted for and secured all valuables prior to the start of a Fixed Price Service.
- What is excluded from the HomeAdvisor Fixed Price Services Guarantee? The “HomeAdvisor Fixed Price Services Guarantee” does not cover the following:
- Fixed Price Services that are requested through Home Improvement Referrals or any other HomeAdvisor Service;
- Any Fixed Price Service that is not booked and paid for directly on HomeAdvisor;
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer's or a product's defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Service Provider;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Sections 24 & 25 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Fixed Price Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by HomeAdvisor; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Fixed Price Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through HomeAdvisor; and
- losses reported by third parties.
- How do I submit a Claim? First report of a claim must be made within 72 hours from when the Fixed Price Service occurs. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the HomeAdvisor Fixed Price Services Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During HomeAdvisor's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send HomeAdvisor the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact HomeAdvisor to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the HomeAdvisor Fixed Price Services Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow HomeAdvisor or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the HomeAdvisor resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the HomeAdvisor Fixed Price Services Guarantee, You will be required to execute and deliver to HomeAdvisor the release agreement within 14 days of receipt of the release agreement from HomeAdvisor, and assign to HomeAdvisor or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to HomeAdvisor within 14 days of Your receipt and the claim shall no longer shall be eligible for the HomeAdvisor Fixed Price Services Guarantee.
- OTHER OFFERS AND DISCOUNTS
- Promotional Coupon
- Promotional coupons are only eligible for the specific services designated by HomeAdvisor. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. HomeAdvisor reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- HomeAdvisor promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use HomeAdvisor. Promotional coupons may not be purchased for cash and HomeAdvisor does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
- Your HomeAdvisor account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your HomeAdvisor account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
- No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, HomeAdvisor, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT
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 HOMEADVISOR AND THE SERVICE PROVIDERS, 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 FOR A FIXED PRICE SERVICE, 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 HOMEADVISOR AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF HOMEADVISOR AND EACH OF THE AFFECTED SERVICE PROVIDERS 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.
- PLATFORM MESSAGING; EMAILS
- By submitting a service request, you agree that HomeAdvisor and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of HomeAdvisor. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from HomeAdvisor at any time by texting the word STOP to 62508 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from HomeAdvisor and the Service Providers, your use of HomeAdvisor Services may be impacted. HomeAdvisor, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor may send you confirmation and other transactional emails regarding the Fixed Price Services. HomeAdvisor and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- CALL RECORDING
- ACCOUNT SECURITY
- You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing HomeAdvisor. You are solely and fully responsible for all activities that occur under your password or account, except that HomeAdvisor may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Fixed Price Service appointment. HomeAdvisor has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.HomeAdvisor.com/help.
- You will provide us with such proof of identity as we may reasonably request from time to time.
- TERM AND TERMINATION.
- Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by HomeAdvisor. We may terminate this Agreement or terminate or suspend your right to use HomeAdvisor at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on HomeAdvisor, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use HomeAdvisor due to any Prohibited Conduct, we will refund in full any payments for Fixed Price Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, HomeAdvisor may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You. You may terminate this Agreement by completely and permanently ceasing to use HomeAdvisor (provided that there are no outstanding Fixed Price Services ordered under your password or account) and by closing any account you have opened on HomeAdvisor. If you attempt to terminate this Agreement while there are still outstanding Fixed Price Services ordered under your password or account, this Agreement shall not terminate until such Fixed Price Services have been performed or otherwise canceled as permitted by HomeAdvisor.
- AUTOMATIC RENEWAL: For recurring Fixed Price Services, HomeAdvisor will automatically schedule Fixed Price Service appointments to occur on future dates indefinitely at the frequency requested by you. YOUR AGREEMENT TO PAY FOR THE SERVICE WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.
- Cancellation Policy for Service Cancellation by Requester. HomeAdvisor's cancellation policy (found at www.HomeAdvisor.com/help) for specific Fixed Price Services is as follows: Requesters may cancel their scheduled Fixed Price Service appointments through HomeAdvisor at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Fixed Price Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Fixed Price Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Fixed Price Service appointment, the Requester will be charged the full Fixed Price Service amount. This cancellation policy applies both for one-time Fixed Price Service bookings and for recurring Fixed Price Service appointments. A Fixed Price Service appointment may be canceled through the HomeAdvisor Help Center at www.HomeAdvisor.com/help or by mailing a notice of cancellation to HomeAdvisor Technologies, Inc. Attn.: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Policy for Service Cancellation by Service Provider. Except for Fixed Price Services that are requested through Home Improvement Referrals, when a Service Provider cancels a scheduled Fixed Price Service appointment, HomeAdvisor generally notifies the Requester and makes the Requester's Fixed Price Service request available for another Service Provider to select. However, HomeAdvisor cannot guarantee that a canceled Fixed Price Service appointment will be selected by another Service Provider and rescheduled or that the Fixed Price Service request will be completed. For Recurrent Service Requesters, if a Fixed Price Service appointment is canceled by a Service Provider, Requester will not be charged for that Fixed Price Service appointment.
- LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
- REVIEWS; CONTENT LICENSE
- You agree that within fourteen (14) calendar days upon completion of any Fixed Price Services to submit a written review on the HomeAdvisor website with respect to the provision of such services.
- Although HomeAdvisor does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”) by providing Content for the Site, you automatically grant, and you represent and warrant that you have the right to grant, to HomeAdvisor an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing HomeAdvisor with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any other party.
- MODIFICATION, LIMITATION AND DISCONTINUANCE
- DELAYS
- FEEDBACK
- RATINGS & REVIEWS ARE NOT ENDORSED BY HOMEADVISOR
- ARTICLES AND OTHER CONTENT
- LINKS TO THIRD PARTY SITES
- THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
- RULES FOR USE OF HOMEADVISOR
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use HomeAdvisor or any Fixed Price Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through HomeAdvisor. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Fixed Price Services facilitated through HomeAdvisor without express written permission from us.
- Use HomeAdvisor to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through HomeAdvisor, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying HomeAdvisor.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with HomeAdvisor, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index HomeAdvisor in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
- Register to use HomeAdvisor under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of HomeAdvisor or any content or material contained on HomeAdvisor without HomeAdvisor's written permission.
- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
- Alter transmission data without HomeAdvisor's consent.
- CONFIDENTIALITY
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- WARRANTY DISCLAIMER
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- NOTICE
- MUTUAL ARBITRATION AGREEMENT
- Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and HomeAdvisor, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and HomeAdvisor may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to HomeAdvisor. HomeAdvisor's address for such notices is: [email protected] and/or by mail to HomeAdvisor Technologies, Inc., Attn: Legal, 3601 Walnut St, Suite 700, Denver CO, 80205.
- Arbitration. If a Dispute is not resolved through Informal Negotiations, you and HomeAdvisor agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, HomeAdvisor will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes. You and HomeAdvisor agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and HomeAdvisor agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- Severability. You and HomeAdvisor agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this Section 27 will be given full force and effect.
- GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMS
- INDEPENDENT SERVICE PROVIDERS
- ENTIRE AGREEMENT
- MISCELLANEOUS
Mobile Application EULA
Effective February 13, 2020
DownloadTable of Contents
This End User License ("License") is between you and HomeAdvisor, Inc ("HomeAdvisor") and governs your use of the HomeAdvisor application (the "App"). The HomeAdvisor App allows you to use certain aspects of HomeAdvisor's service, available at www.HomeAdvisor.com as well as certain specific features only available through the App (the "Service").
1. Parties. This License is between you and HomeAdvisor only, and not with the app distributor or operating system of your mobile device (e.g. Apple, Android, Amazon, Nokia, Samsung or Microsoft). HomeAdvisor, not these companies, is solely responsible for the App and its content. Depending on your mobile device operating system or the App distributor and their applicable app store terms of service, your mobile device operator or App distributor may have the right to enforce this License against you as a third party beneficiary.
2. Terms of Service. Your use of the Service through the App is subject to the HomeAdvisor Terms of Service which is made a part of this License.
3. Articles, Tips and Other Content HomeAdvisor provides certain content relating to home improvement, repair, maintenance (“Articles”), on the HomeAdvisor website, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.
4. Privacy. HomeAdvisor may collect and use your information as set forth in its Privacy Policy which is made a part of this License. HomeAdvisor makes the following App-specific privacy disclosures: HomeAdvisor may collect and use information related your device, such as the unique device ID ("UDID"), the device type, operating system, and carrier information. HomeAdvisor may collect and store information about your activities on the app and online/offline status and tie that information to your UDID. HomeAdvisor may share such information with vendors who power certain features of the App such as voice recognition or push notifications, and with analytics vendors who help us better understand our App user demographics. Advertisers and advertising networks that place ads in the App may also collect, store and use your information about your usage of the App, your general geographic area and interaction with ads and to link this data with your UDID for their own usage, including targeting ads to you. With your consent, HomeAdvisor may collect and store your exact geographic location information to power the "Find a Pro" or similar feature, which allows App users to see relevant Service Professionals near their current location. We may share this information with advertisers and advertising networks to target advertisements to you based on your geographic location. If you interacted with one of our mobile ads promoting the App, we may have used an ad tag in order to recognize you when you install the App. We do this to measure the performance of our ad campaigns.
5. Limited License. HomeAdvisor grants you a limited, non-exclusive, non-transferrable, revocable license to use the App for your personal, non-commercial purposes. You may only use the App on a device that you own or control and as permitted by the terms of service of the app store where you may have downloaded the app.
6. Warranty. The App is provided for free on an "as is" basis. As such, HomeAdvisor disclaims all warranties about the HomeAdvisor App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, HomeAdvisor, not the app distributor or operating system of your mobile device, shall be solely responsible for such warranty.
7. Maintenance and Support. HomeAdvisor provides limited support for the App and the App is provided "as is". To the extent that any maintenance or support is required by applicable law, HomeAdvisor, not the app distributor or operating system of your mobile device, shall be obligated to furnish any such maintenance or support.
8. Third Party Intellectual Property Claims. HomeAdvisor shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the HomeAdvisor App. To the extent HomeAdvisor is required to provide indemnification by applicable law, HomeAdvisor, not the app distributor or operating system of your mobile device, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the HomeAdvisor App or your use of it infringes any third party intellectual property right.
9. Product Claims. HomeAdvisor, not the app distributor or operating system of your mobile device, is responsible for addressing any claims by you relating to the HomeAdvisor App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the HomeAdvisor App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this License shall be deemed an admission that you may have such claims.
10. U.S. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
11. Contact Information. Should you have any questions, complaints, or claims relating to the HomeAdvisor App, please contact us at [email protected].
Effective February 13, 2020 to February 13, 2020
DownloadTable of Contents
This End User License ("License") is between you and HomeAdvisor, Inc ("HomeAdvisor") and governs your use of the HomeAdvisor application (the "App"). The HomeAdvisor App allows you to use certain aspects of HomeAdvisor's service, available at www.HomeAdvisor.com as well as certain specific features only available through the App (the "Service").
1. Parties. This License is between you and HomeAdvisor only, and not with the app distributor or operating system of your mobile device (e.g. Apple, Android, Amazon, Nokia, Samsung or Microsoft). HomeAdvisor, not these companies, is solely responsible for the App and its content. Depending on your mobile device operating system or the App distributor and their applicable app store terms of service, your mobile device operator or App distributor may have the right to enforce this License against you as a third party beneficiary.
2. Terms of Service. Your use of the Service through the App is subject to the HomeAdvisor Terms of Service which is made a part of this License.
3. Articles, Tips and Other Content HomeAdvisor provides certain content relating to home improvement, repair, maintenance (“Articles”), on the HomeAdvisor website, and via mobile applications owned and operated by HomeAdvisor. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.
4. Privacy. HomeAdvisor may collect and use your information as set forth in its Privacy Policy which is made a part of this License. HomeAdvisor makes the following App-specific privacy disclosures: HomeAdvisor may collect and use information related your device, such as the unique device ID ("UDID"), the device type, operating system, and carrier information. HomeAdvisor may collect and store information about your activities on the app and online/offline status and tie that information to your UDID. HomeAdvisor may share such information with vendors who power certain features of the App such as voice recognition or push notifications, and with analytics vendors who help us better understand our App user demographics. Advertisers and advertising networks that place ads in the App may also collect, store and use your information about your usage of the App, your general geographic area and interaction with ads and to link this data with your UDID for their own usage, including targeting ads to you. With your consent, HomeAdvisor may collect and store your exact geographic location information to power the "Find a Pro" or similar feature, which allows App users to see relevant Service Professionals near their current location. We may share this information with advertisers and advertising networks to target advertisements to you based on your geographic location. If you interacted with one of our mobile ads promoting the App, we may have used an ad tag in order to recognize you when you install the App. We do this to measure the performance of our ad campaigns.
5. Limited License. HomeAdvisor grants you a limited, non-exclusive, non-transferrable, revocable license to use the App for your personal, non-commercial purposes. You may only use the App on a device that you own or control and as permitted by the terms of service of the app store where you may have downloaded the app.
6. Warranty. The App is provided for free on an "as is" basis. As such, HomeAdvisor disclaims all warranties about the HomeAdvisor App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, HomeAdvisor, not the app distributor or operating system of your mobile device, shall be solely responsible for such warranty.
7. Maintenance and Support. HomeAdvisor provides limited support for the App and the App is provided "as is". To the extent that any maintenance or support is required by applicable law, HomeAdvisor, not the app distributor or operating system of your mobile device, shall be obligated to furnish any such maintenance or support.
8. Third Party Intellectual Property Claims. HomeAdvisor shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the HomeAdvisor App. To the extent HomeAdvisor is required to provide indemnification by applicable law, HomeAdvisor, not the app distributor or operating system of your mobile device, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the HomeAdvisor App or your use of it infringes any third party intellectual property right.
9. Product Claims. HomeAdvisor, not the app distributor or operating system of your mobile device, is responsible for addressing any claims by you relating to the HomeAdvisor App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the HomeAdvisor App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this License shall be deemed an admission that you may have such claims.
10. U.S. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
11. Contact Information. Should you have any questions, complaints, or claims relating to the HomeAdvisor App, please contact us at [email protected].
Do Not Sell
Effective July 21, 2020
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Pro Terms & Conditions
Effective August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you. You agree that you will not charge a Lead fee to a consumer who has not hired you for a job.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree and acknowledge that HomeAdvisor and its affiliates may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You consent to be automatically opted in to HomeAdvisor’s SMS program, “HomeAdvisor Alerts,” and agree that HomeAdvisor may send you text messages with instructions on setting up your account and special offers. For questions, Text HELP for more help or call (877)- 947-3639, and Text STOP to opt out of messages. Message and data rates may apply, and message frequency may vary. Carriers are not liable for delayed or undelivered messages, and supporting carriers include AT&T;, Sprint, Verizon, T-Mobile & Metro-PCS. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Pay
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your HomeAdvisor App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your HomeAdvisor App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have sixty (60) days after the consumer submits a payment to collect the payment. Should you opt out of HomeAdvisor Pay (by going to Settings in your App, clicking the HomeAdvisor Pay section and selecting Disable HomeAdvisor Pay) or fail to collect your payment within this thirty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly. HomeAdvisor Pay may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that you are accepting payments from HomeAdvisor consumers via HomeAdvisor Pay and that HomeAdvisor is authorized to store your bank account or debit card information for future payments, and that HomeAdvisor may deposit all future payments into your HomeAdvisor Pay account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through HomeAdvisor Pay, and that you will only seek payment for services you have performed or will perform.
- HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. HomeAdvisor may ban you from using HomeAdvisor Pay (and the HomeAdvisor services) if we believe you are abusing HomeAdvisor Pay. HomeAdvisor may also cancel a payment request made through HomeAdvisor Pay if such request is improper in HomeAdvisor’s reasonable commercial discretion.
- You acknowledge and agree that your payments made through HomeAdvisor Pay are transactions between you and the consumer and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you and your business, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize HomeAdvisor to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, or any payments to consumers that HomeAdvisor makes, then HomeAdvisor may either charge your method of payment on file with us for such payments, or withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) immediately charge your method of payment; (ii) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (iii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iv) reverse any credits to your bank account; or (v) collect payment or reimbursement from you by any other lawful means.
- Homeadvisor Win Jobs Program Terms You may be offered the opportunity to participate in the HomeAdvisor Win Jobs Program. Through the Win Jobs Program, you will have the ability to quote jobs through the HomeAdvisor Pro App, and HomeAdvisor will keep a percentage of the revenue you receive if you win the job. You agree and acknowledge thatHomeAdvisor will keep a percentage of the revenue you earn per job (“Win Fee”) of any and all revenue generated through leads delivered through the HomeAdvisor Win Jobs program. This Win Fee may change in HomeAdvisor’s sole discretion, but will always be communicated to you in advance of you deciding to quote a job. You represent and warrant that you will use the HomeAdvisor Pro App to collect payment for all revenue earned from Win Jobs leads, and that you will not encourage a consumer to pay you outside of the HomeAdvisor Pro App. You acknowledge that you must register for HomeAdvisor Pay within sixty (60) days of charging your first consumer for a job won through Win Jobs. You authorize HomeAdvisor to deduct the Win Fee from the total amount the customer has paid you for the job prior to HomeAdvisor transferring the money to you. You understand, acknowledge and agree that HomeAdvisor may, in its sole and absolute discretion and in addition to any other rights and remedies afforded to it under this Agreement, terminate your participation in this program, or end the program completely.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpDesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you. You agree that you will not charge a Lead fee to a consumer who has not hired you for a job.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree and acknowledge that HomeAdvisor and its affiliates may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the HomeAdvisor website, communications concerning promotions run by us, and news concerning HomeAdvisor and industry developments, and that your consent is not required to purchase products or services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You consent to be automatically opted in to HomeAdvisor’s SMS program, “HomeAdvisor Alerts,” and agree that HomeAdvisor may send you text messages with instructions on setting up your account and special offers. For questions, Text HELP for more help or call (877)- 947-3639, and Text STOP to opt out of messages. Message and data rates may apply, and message frequency may vary. Carriers are not liable for delayed or undelivered messages, and supporting carriers include AT&T;, Sprint, Verizon, T-Mobile & Metro-PCS. You may opt-out of receiving all text (SMS) messages from HomeAdvisor (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Services.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Pay
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your HomeAdvisor App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your HomeAdvisor App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have sixty (60) days after the consumer submits a payment to collect the payment. Should you opt out of HomeAdvisor Pay (by going to Settings in your App, clicking the HomeAdvisor Pay section and selecting Disable HomeAdvisor Pay) or fail to collect your payment within this thirty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly. HomeAdvisor Pay may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that you are accepting payments from HomeAdvisor consumers via HomeAdvisor Pay and that HomeAdvisor is authorized to store your bank account or debit card information for future payments, and that HomeAdvisor may deposit all future payments into your HomeAdvisor Pay account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through HomeAdvisor Pay, and that you will only seek payment for services you have performed or will perform.
- HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. HomeAdvisor may ban you from using HomeAdvisor Pay (and the HomeAdvisor services) if we believe you are abusing HomeAdvisor Pay. HomeAdvisor may also cancel a payment request made through HomeAdvisor Pay if such request is improper in HomeAdvisor’s reasonable commercial discretion.
- You acknowledge and agree that your payments made through HomeAdvisor Pay are transactions between you and the consumer and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you and your business, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize HomeAdvisor to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means.
- Homeadvisor Win Jobs Program Terms You may be offered the opportunity to participate in the HomeAdvisor Win Jobs Program. Through the Win Jobs Program, you will have the ability to quote jobs through the HomeAdvisor Pro App, and HomeAdvisor will keep a percentage of the revenue you receive if you win the job. You agree and acknowledge thatHomeAdvisor will keep a percentage of the revenue you earn per job (“Win Fee”) of any and all revenue generated through leads delivered through the HomeAdvisor Win Jobs program. This Win Fee may change in HomeAdvisor’s sole discretion, but will always be communicated to you in advance of you deciding to quote a job. You represent and warrant that you will use the HomeAdvisor Pro App to collect payment for all revenue earned from Win Jobs leads, and that you will not encourage a consumer to pay you outside of the HomeAdvisor Pro App. You acknowledge that you must register for HomeAdvisor Pay within sixty (60) days of charging your first consumer for a job won through Win Jobs. You authorize HomeAdvisor to deduct the Win Fee from the total amount the customer has paid you for the job prior to HomeAdvisor transferring the money to you. You understand, acknowledge and agree that HomeAdvisor may, in its sole and absolute discretion and in addition to any other rights and remedies afforded to it under this Agreement, terminate your participation in this program, or end the program completely.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpDesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you. You agree that you will not charge a Lead fee to a consumer who has not hired you for a job.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Pay
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your HomeAdvisor App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your HomeAdvisor App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have sixty (60) days after the consumer submits a payment to collect the payment. Should you opt out of HomeAdvisor Pay (by going to Settings in your App, clicking the HomeAdvisor Pay section and selecting Disable HomeAdvisor Pay) or fail to collect your payment within this thirty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly. HomeAdvisor Pay may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that you are accepting payments from HomeAdvisor consumers via HomeAdvisor Pay and that HomeAdvisor is authorized to store your bank account or debit card information for future payments, and that HomeAdvisor may deposit all future payments into your HomeAdvisor Pay account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through HomeAdvisor Pay, and that you will only seek payment for services you have performed or will perform.
- HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. HomeAdvisor may ban you from using HomeAdvisor Pay (and the HomeAdvisor services) if we believe you are abusing HomeAdvisor Pay. HomeAdvisor may also cancel a payment request made through HomeAdvisor Pay if such request is improper in HomeAdvisor’s reasonable commercial discretion.
- You acknowledge and agree that your payments made through HomeAdvisor Pay are transactions between you and the consumer and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you and your business, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize HomeAdvisor to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means.
- Homeadvisor Win Jobs Program Terms You may be offered the opportunity to participate in the HomeAdvisor Win Jobs Program. Through the Win Jobs Program, you will have the ability to quote jobs through the HomeAdvisor Pro App, and HomeAdvisor will keep a percentage of the revenue you receive if you win the job. You agree and acknowledge thatHomeAdvisor will keep a percentage of the revenue you earn per job (“Win Fee”) of any and all revenue generated through leads delivered through the HomeAdvisor Win Jobs program. This Win Fee may change in HomeAdvisor’s sole discretion, but will always be communicated to you in advance of you deciding to quote a job. You represent and warrant that you will use the HomeAdvisor Pro App to collect payment for all revenue earned from Win Jobs leads, and that you will not encourage a consumer to pay you outside of the HomeAdvisor Pro App. You acknowledge that you must register for HomeAdvisor Pay within sixty (60) days of charging your first consumer for a job won through Win Jobs. You authorize HomeAdvisor to deduct the Win Fee from the total amount the customer has paid you for the job prior to HomeAdvisor transferring the money to you. You understand, acknowledge and agree that HomeAdvisor may, in its sole and absolute discretion and in addition to any other rights and remedies afforded to it under this Agreement, terminate your participation in this program, or end the program completely.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpDesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you. You agree that you will not charge a Lead fee to a consumer who has not hired you for a job.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Pay
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your HomeAdvisor App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your HomeAdvisor App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have sixty (60) days after the consumer submits a payment to collect the payment. Should you opt out of HomeAdvisor Pay (by going to Settings in your App, clicking the HomeAdvisor Pay section and selecting Disable HomeAdvisor Pay) or fail to collect your payment within this thirty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly. HomeAdvisor Pay may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that you are accepting payments from HomeAdvisor consumers via HomeAdvisor Pay and that HomeAdvisor is authorized to store your bank account or debit card information for future payments, and that HomeAdvisor may deposit all future payments into your HomeAdvisor Pay account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through HomeAdvisor Pay, and that you will only seek payment for services you have performed or will perform.
- HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. HomeAdvisor may ban you from using HomeAdvisor Pay (and the HomeAdvisor services) if we believe you are abusing HomeAdvisor Pay. HomeAdvisor may also cancel a payment request made through HomeAdvisor Pay if such request is improper in HomeAdvisor’s reasonable commercial discretion.
- You acknowledge and agree that your payments made through HomeAdvisor Pay are transactions between you and the consumer and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you and your business, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize HomeAdvisor to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpdesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you. You agree that you will not charge a Lead fee to a consumer who has not hired you for a job.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Pay
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the HomeAdvisor mobile application (“HomeAdvisor Pay”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your HomeAdvisor App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your HomeAdvisor App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have fourteen (14) days after the consumer submits a payment to collect the payment. Should you opt out of HomeAdvisor Pay (by going to Settings in your App, clicking the HomeAdvisor Pay section and selecting Disable HomeAdvisor Pay) or fail to collect your payment within this thirty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly. HomeAdvisor Pay may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
- By participating in HomeAdvisor Pay and agreeing to the HomeAdvisor Terms, you agree that you are accepting payments from HomeAdvisor consumers via HomeAdvisor Pay and that HomeAdvisor is authorized to store your bank account or debit card information for future payments, and that HomeAdvisor may deposit all future payments into your HomeAdvisor Pay account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through HomeAdvisor Pay, and that you will only seek payment for services you have performed or will perform.
- HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for HomeAdvisor Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. HomeAdvisor may ban you from using HomeAdvisor Pay (and the HomeAdvisor services) if we believe you are abusing HomeAdvisor Pay. HomeAdvisor may also cancel a payment request made through HomeAdvisor Pay if such request is improper in HomeAdvisor’s reasonable commercial discretion.
- You acknowledge and agree that your payments made through HomeAdvisor Pay are transactions between you and the consumer and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website.
- HomeAdvisor Pay may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use HomeAdvisor Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use HomeAdvisor Pay to purchase any services or products that violate these Terms, other policies or rules applicable to HomeAdvisor Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of HomeAdvisor Pay and/or your HomeAdvisor account.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to HomeAdvisor Pay. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with HomeAdvisor Pay. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in HomeAdvisor Pay through Stripe, you agree to provide HomeAdvisor accurate and complete information about you and your business, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize HomeAdvisor to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpdesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you. You agree that you will not charge a Lead fee to a consumer who has not hired you for a job.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor PayPro
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the HomeAdvisor mobile application (“HomeAdvisor PayPro”, or “PayPro”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your HomeAdvisor App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your HomeAdvisor App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have fourteen (14) days after the consumer submits a payment to collect the payment. Should you opt out of PayPro (by going to Settings in your App, clicking the PayPro section and selecting Disable PayPro) or fail to collect your payment within this thirty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly. PayPro may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
- By participating in PayPro and agreeing to the HomeAdvisor Terms, you agree that you are accepting payments from HomeAdvisor consumers via PayPro and that HomeAdvisor is authorized to store your bank account or debit card information for future payments, and that HomeAdvisor may deposit all future payments into your PayPro account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through PayPro, and that you will only seek payment for services you have performed or will perform.
- HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for PayPro with or without cause or notice, other than any notice required by any applicable law, and not waived herein. HomeAdvisor may ban you from using PayPro (and the HomeAdvisor services) if we believe you are abusing PayPro. HomeAdvisor may also cancel a payment request made through PayPro if such request is improper in HomeAdvisor’s reasonable commercial discretion.
- You acknowledge and agree that your payments made through PayPro are transactions between you and the consumer and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website.
- PayPro may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use PayPro to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use PayPro to purchase any services or products that violate these Terms, other policies or rules applicable to PayPro, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of PayPro and/or your HomeAdvisor account.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to PayPro. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with PayPro. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in PayPro through Stripe, you agree to provide HomeAdvisor accurate and complete information about you and your business, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize HomeAdvisor to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpdesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor PayPro
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the HomeAdvisor mobile application (“HomeAdvisor PayProâ€, or “PayProâ€) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your HomeAdvisor App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your HomeAdvisor App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have fourteen (14) days after the consumer submits a payment to collect the payment. Should you opt out of PayPro (by going to Settings in your App, clicking the PayPro section and selecting Disable PayPro) or fail to collect your payment within this thirty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly. PayPro may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
- By participating in PayPro and agreeing to the HomeAdvisor Terms, you agree that you are accepting payments from HomeAdvisor consumers via PayPro and that HomeAdvisor is authorized to store your bank account or debit card information for future payments, and that HomeAdvisor may deposit all future payments into your PayPro account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through PayPro, and that you will only seek payment for services you have performed or will perform.
- HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for PayPro with or without cause or notice, other than any notice required by any applicable law, and not waived herein. HomeAdvisor may ban you from using PayPro (and the HomeAdvisor services) if we believe you are abusing PayPro. HomeAdvisor may also cancel a payment request made through PayPro if such request is improper in HomeAdvisor’s reasonable commercial discretion.
- You acknowledge and agree that your payments made through PayPro are transactions between you and the consumer and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website.
- PayPro may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use PayPro to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use PayPro to purchase any services or products that violate these Terms, other policies or rules applicable to PayPro, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of PayPro and/or your HomeAdvisor account.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to PayPro. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with PayPro. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in PayPro through Stripe, you agree to provide HomeAdvisor accurate and complete information about you and your business, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize HomeAdvisor to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpdesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured** (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
**This requirement is only applicable to service professionals accepting Leads in the "Movers" category. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor PayPro
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the HomeAdvisor mobile application (“HomeAdvisor PayPro”, or “PayPro”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your HomeAdvisor App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your HomeAdvisor App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have fourteen (14) days after the consumer submits a payment to collect the payment. Should you opt out of PayPro (by going to Settings in your App, clicking the PayPro section and selecting Disable PayPro) or fail to collect your payment within this thirty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly. PayPro may not be used to charge a Lead fee to a consumer, it may only be used for collecting payment for a won job.
- By participating in PayPro and agreeing to the HomeAdvisor Terms, you agree that you are accepting payments from HomeAdvisor consumers via PayPro and that HomeAdvisor is authorized to store your bank account or debit card information for future payments, and that HomeAdvisor may deposit all future payments into your PayPro account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through PayPro, and that you will only seek payment for services you have performed or will perform.
- HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for PayPro with or without cause or notice, other than any notice required by any applicable law, and not waived herein. HomeAdvisor may ban you from using PayPro (and the HomeAdvisor services) if we believe you are abusing PayPro. HomeAdvisor may also cancel a payment request made through PayPro if such request is improper in HomeAdvisor’s reasonable commercial discretion.
- You acknowledge and agree that your payments made through PayPro are transactions between you and the consumer and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website.
- PayPro may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use PayPro to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use PayPro to purchase any services or products that violate these Terms, other policies or rules applicable to PayPro, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of PayPro and/or your HomeAdvisor account.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to PayPro. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with PayPro. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in PayPro through Stripe, you agree to provide HomeAdvisor accurate and complete information about you and your business, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize HomeAdvisor to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpdesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor PayPro
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the HomeAdvisor mobile application (“HomeAdvisor PayPro”, or “PayPro”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your HomeAdvisor App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your HomeAdvisor App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have fourteen (14) days after the consumer submits a payment to collect the payment. Should you opt out of PayPro (by going to Settings in your App, clicking the PayPro section and selecting Disable PayPro) or fail to collect your payment within this thirty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly.
- By participating in PayPro and agreeing to the HomeAdvisor Terms, you agree that you are accepting payments from HomeAdvisor consumers via PayPro and that HomeAdvisor is authorized to store your bank account or debit card information for future payments, and that HomeAdvisor may deposit all future payments into your PayPro account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through PayPro, and that you will only seek payment for services you have performed or will perform.
- HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for PayPro with or without cause or notice, other than any notice required by any applicable law, and not waived herein.
- You acknowledge and agree that your payments made through PayPro are transactions between you and the consumer and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website.
- PayPro may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use PayPro to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use PayPro to purchase any services or products that violate these Terms, other policies or rules applicable to PayPro, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of PayPro and/or your HomeAdvisor account.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to PayPro. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with PayPro. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal la
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in PayPro through Stripe, you agree to provide HomeAdvisor accurate and complete information about you and your business, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize HomeAdvisor to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpdesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor PayPro
- When a project has been completed, you may be offered the ability to receive your payment from the consumer directly via the HomeAdvisor mobile application (“HomeAdvisor PayPro”, or “PayPro”) in one of two ways, either by you requesting payment from a consumer, or by a consumer initiating payment to you. To request payment, you log into your HomeAdvisor App, go to your Lead Details, and click request payment for the appropriate Lead. If a consumer has sent you money for services, you will be able to log into your HomeAdvisor App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have thirty (30) days after the consumer submits a payment to collect the payment. Should you opt out of PayPro (by going to Settings in your App, clicking the PayPro section and selecting Disable PayPro) or fail to collect your payment within this thirty day period, you and the consumer will be notified that the payment has been cancelled, and you will need to seek payment from the consumer directly.
- By participating in PayPro and agreeing to the HomeAdvisor Terms, you agree that you are accepting payments from HomeAdvisor consumers via PayPro and that HomeAdvisor is authorized to store your bank account or debit card information for future payments, and that HomeAdvisor may deposit all future payments into your PayPro account. You further agree that you will not seek payment from the consumer directly where you have received payment from the consumer through PayPro, and that you will only seek payment for services you have performed or will perform.
- HomeAdvisor, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for PayPro with or without cause or notice, other than any notice required by any applicable law, and not waived herein.
- You acknowledge and agree that your payments made through PayPro are transactions between you and the consumer and not with HomeAdvisor or any of its affiliates. HomeAdvisor is not a party to your payments unless expressly designated as such on the HomeAdvisor website.
- PayPro may not be used to process a payment, or otherwise transfer money between you and a consumer, that is unrelated to the consumer’s purchase of services from you. You may not use PayPro to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use PayPro to purchase any services or products that violate these Terms, other policies or rules applicable to PayPro, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of PayPro and/or your HomeAdvisor account.
- You agree to release HomeAdvisor, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to PayPro. You agree that you will not involve HomeAdvisor in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with PayPro. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of HomeAdvisor and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section X. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.
- Payment processing services for Service Professionals are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in PayPro through Stripe, you agree to provide HomeAdvisor accurate and complete information about you and your business, and you authorize HomeAdvisor to share it and transaction information related to your use of the payment processing services provided by Stripe. You also authorize HomeAdvisor to pass on information provided by you (e.g. your birthday or the last four digits of your social security number) to Stripe so that Stripe may use it to protect the integrity of your account.
- While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to HomeAdvisor or third parties, then HomeAdvisor may withhold any payments to you for as long as we determine any related risks to HomeAdvisor or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpdesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should have a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpdesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpdesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that you will pay HomeAdvisor on a per Lead basis for all Leads. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpdesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each week for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpdesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS* - By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- If your HomeAdvisor rating drops to two (2) stars or below, you will no longer be permitted to purchase leads from HomeAdvisor until you raise your rating above two (2) stars (although your directory listing will remain active). You will have the ability to improve your rating by acquiring additional positive reviews to lift the rating. However, you will not be able to use references from non-HomeAdvisor consumers to increase your rating, you must obtain additional consumer reviews submitted through the HomeAdvisor platform. Once your rating is greater than two stars, you will regain your eligibility to purchase leads.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpdesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects ("service requests"). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer's contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie's List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpdesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects (“service requests”). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer’s contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects (“service requests”). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer’s contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys’ fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie’s List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS’ FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpdesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects (“service requests”). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer’s contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, customers will be able to complete a service request on the SP online profile page. A submission of a service request by a customer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a customer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicating that they desire to contact you).
- HomeAdvisor receives requests from homeowners, consumers, property managers, individuals and other persons ("customers") expressing interest in certain services relating to home improvement, repair, maintenance and other types of tasks and projects (“service requests”). These service requests from customers may be submitted directly or indirectly to HomeAdvisor by customers via the HomeAdvisor Website, telephone calls, third party websites or other means. In turn, HomeAdvisor may send you a communication about a customer's service request that contains information about what service has been requested and the customer’s contact information (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
- With Respect to Subscription Members:
You may purchase a subscription to receive services including: Placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor Website ("LiveDirectory") and Customer Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor Website, in response to requests from customers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing). - Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, subcontractors, and any individuals performing work on your behalf, at the time you become a HomeAdvisor SP, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company is operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and must comply with any changes immediately upon notification if no action is required on your part or within thirty (30) days if affirmative action is required of you.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer by HomeAdvisor in connection with a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments and for any costs, expenses or attorneys’ fees incurred by HomeAdvisor in connection with the dispute. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to customers via the HomeAdvisor Website, such quotes are provided for informational purposes only. A customer cannot contract with you via the HomeAdvisor Website. In the event a customer selects you on our Website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the customer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers or prospective SPs in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor Website or its affiliates' sites, including the Angie’s List Website, the "star" rating that you have received from customers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS’ FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor Website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- By enrolling in the HomeAdvisor network or otherwise becoming a member of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting HomeAdvisor via our Website, the HomeAdvisor Pro app, or by telephone), provided, however, that any and all requests for Credits must be received by HomeAdvisor within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Miscellaneous. If you pause or turn off your leads, when you turn them back on, a new monthly spend target cycle will be created, such that it is possible your monthly spend target could be exceeded in less than one calendar month. Additionally, your exact spend target may be exceeded in the normal course of events by a Lead or two because our matching algorithm will send a Lead up until the precise point your spend target is exceeded (i.e. if your spend target is $500, and you are currently at $480, you may still receive at Lead valued at $40, at which point you would not receive any more leads as you would have exceeded $500).
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor Website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- mHelpdesk
Unless you opt out during enrollment in the HomeAdvisor network, your annual Membership Fee paid to HomeAdvisor will include a one-month subscription with mHelpDesk, a field solutions software. After the first month of your subscription with mHelpDesk, unless you cancel, you will automatically be subscribed on a month-to-month basis thereafter, and charged a monthly subscription fee for your continuing mHelpDesk subscription. For more information on mHelpDesk, please see the User Agreement located at www.mhelpdesk.com/user-agreement. You may opt out of an initial or continuing subscription with mHelpDesk by making a request to a HomeAdvisor Sales or Customer Care representative at the time of your enrollment with HomeAdvisor, or by contacting mHelpDesk in accordance with the mHelpDesk User Agreement. - Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to (i) any of your work for or dealings with any customers, (ii) your advertising, or (iii) your services, representations, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) set forth in this Agreement, including any extra work you perform for a customer for which HomeAdvisor has not matched you, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to or that have arisen based on use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue; and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- HomeAdvisor has the right to use all information related to You in accordance with its Privacy Policy, which can be found at https://pro.homeadvisor.com/home/Privacy-Policy/.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- This Agreement, and the HomeAdvisor Fee Schedule, including Lead prices, may be changed from time to time. By continuing to use any HomeAdvisor services you are agreeing to be bound by any such non-material changes. Material changes to this Agreement or to the HomeAdvisor Fee Schedule will be posted on the HomeAdvisor Website at pro.homeadvisor.com/terms/terms-conditions/ and periodically communicated to you by email, text, the HomeAdvisor Pro app or other reasonable means. By continuing to use any HomeAdvisor services after receiving any such notice of changes from HomeAdvisor, you are agreeing to all such changes.
Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor website or its affiliates' sites, the "star" rating that you have received from consumers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and consumers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
- Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS* - By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including lead prices, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- This Agreement, and the HomeAdvisor Fee Schedule, including lead prices, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor website or its affiliates' sites, the "star" rating that you have received from consumers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and consumers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Handyman and Maid Service Programs.
- Handyman/Maid Service Fees. Upon your approval into the Handyman Program or the Maid Service Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads or Maid Service Leads at no cost to you.
- Per Lead Fees for Non-Handyman/Maid Service Leads. If you choose to expand your tasks beyond those included in the Handyman category or the Maid Service category, as applicable, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman or Maid Service Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program and/or the Maid Service Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program or the Maid Service Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Job Opportunities Leads (as set forth in section VI.c.) are not included in the unlimited leads provided under the Handyman Program or the Maid Service Program. Job Opportunities Leads will be charged at the rates presented at the time you elect to purchase such leads.
- Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including lead prices, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- This Agreement, and the HomeAdvisor Fee Schedule, including lead prices, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor website or its affiliates' sites, the "star" rating that you have received from consumers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and consumers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Handyman Program.
- Handyman Fees. Upon your approval into the Handyman Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads at no cost to you.
- Per Lead Fees for Non-Handyman Leads. If you choose to expand your tasks beyond those included in the Handyman category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against HomeAdvisor may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including lead prices, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- This Agreement, and the HomeAdvisor Fee Schedule, including lead prices, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor website or its affiliates' sites, the "star" rating that you have received from consumers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and consumers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Handyman Program.
- Handyman Fees. Upon your approval into the Handyman Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads at no cost to you.
- Per Lead Fees for Non-Handyman Leads. If you choose to expand your tasks beyond those included in the Handyman category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- ARBITRATION AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against HomeAdvisor (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, including lead prices, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- You agree not to copy/collect HomeAdvisor content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- This Agreement, and the HomeAdvisor Fee Schedule, including lead prices, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor website or its affiliates' sites, the "star" rating that you have received from consumers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and consumers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. Unless you expressly opt-out, HomeAdvisor may send you booked leads under HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). You may choose to sync your own online calendar with the HomeAdvisor Instant Booking calendar so that these bookings will show up in real-time on your own calendar. We will notify you and attempt to confirm these bookings with you, so if you choose not to sync with the HomeAdvisor calendar, we recommend that you log in to your HomeAdvisor account and update the HomeAdvisor calendar to block out dates and times when you are not available or do not wish to book appointments. As part of Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Handyman Program.
- Handyman Fees. Upon your approval into the Handyman Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads at no cost to you.
- Per Lead Fees for Non-Handyman Leads. If you choose to expand your tasks beyond those included in the Handyman category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- ARBITRATION AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against HomeAdvisor (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor website or its affiliates' sites, the "star" rating that you have received from consumers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and consumers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Programs Where You May Receive Leads Over and Above Your Spend Target
- Instant Booking. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). If you participate in Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Job Opportunities Program. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Job Opportunities Program, which allows you to view and select additional job opportunities (consumer leads) submitted by consumers that may be outside of your selected zip codes. If you accept a Job Opportunities lead, you agree to the following: (i) you shall pay a premium lead fee for Job Opportunities leads, (ii) you understand and agree that Job Opportunities leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Job Opportunities are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Job Opportunities leads you have accepted thereafter, (iv) you must have the latest version of the HomeAdvisor mobile application to receive Job Opportunities leads, (v) even if you have turned your leads off, if you select a Job Opportunities lead, you will be charged for that lead, and (vi) you understand that Job Opportunities leads are not exclusive to you and may also be sent to other service professionals. Elite 360 members and/or members enrolled in HomeAdvisor under a corporate membership account are not eligible to participate in the Job Opportunities program.
- Handyman Program.
- Handyman Fees. Upon your approval into the Handyman Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads at no cost to you.
- Per Lead Fees for Non-Handyman Leads. If you choose to expand your tasks beyond those included in the Handyman category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- ARBITRATION AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against HomeAdvisor (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- HomeAdvisor and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via HomeAdvisor's messaging platform.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor website or its affiliates' sites, the "star" rating that you have received from consumers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and consumers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Instant Booking. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). If you participate in Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Handyman Program.
- Handyman Fees. Upon your approval into the Handyman Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads at no cost to you.
- Per Lead Fees for Non-Handyman Leads. If you choose to expand your tasks beyond those included in the Handyman category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- ARBITRATION AND GOVERNING LAW.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against HomeAdvisor (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim or controversy arising out of or relating to use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor website or its affiliates' sites, the "star" rating that you have received from consumers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and consumers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Instant Booking. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). If you participate in Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Handyman Program.
- Handyman Fees. Upon your approval into the Handyman Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads at no cost to you.
- Per Lead Fees for Non-Handyman Leads. If you choose to expand your tasks beyond those included in the Handyman category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Appliances Program.
- Appliances Program Fees. Upon your approval into the Appliances Program, your method of payment will be charged a subscription fee ("Appliances Subscription Fee") per month in advance. This Appliances Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. This Appliances Subscription Fee covers your placement in HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory"). Additionally, you will receive unlimited Appliances Leads at no cost to you for the first three (3) months from the date of your enrollment in the Appliances Program. After this three (3) month period, you may (i) continue to pay only the Appliances Subscription Fee and remain listed in the LiveDirectory, but you will not receive any additional Appliances Leads, or you may (ii) choose to additionally opt-in to receiving Appliances Leads at the then-current Lead Fees. Receipt of Appliances Leads will be subject to all applicable provisions of this Agreement with respect to Lead-purchasing members.
- Lead Fees for Non-Appliance Category Leads. If you choose to expand your tasks beyond those included in the Appliances Category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Appliances Subscription Fee.
- Term. HomeAdvisor may terminate the Appliances Program at any time in its sole discretion. If HomeAdvisor terminates the Appliances Program in the middle of a month, you will receive a pro-rated refund of your Appliances Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Appliances Subscription Fees, except in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- ARBITRATION and Governing Law.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against HomeAdvisor (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor website or its affiliates' sites, the "star" rating that you have received from consumers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.\
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and consumers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Instant Booking. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). If you participate in Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Handyman Program.
- Handyman Fees. Upon your approval into the Handyman Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads at no cost to you.
- Per Lead Fees for Non-Handyman Leads. If you choose to expand your tasks beyond those included in the Handyman category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Gig Economy Program.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Your Obligations.
- You authorize HomeAdvisor to send you SMS messages, which may include marketing messages. You also authorize HomeAdvisor to send you marketing emails from time to time.
- You are required to download and use the HomeAdvisor Pro mobile application in order to participate in the Gig Economy Program.
- You agree to honor the price that you accepted for the job during all business hours and as required by applicable law.
- You are responsible for scheduling the work according to your availability;
- You agree to use your best efforts to provide the best quality services or goods subject to the job;
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the job.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price HomeAdvisor has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price.
- Term. HomeAdvisor may terminate the Gig Economy Program at any time in its sole discretion.
- Miscellaneous. HomeAdvisor is in no case liable to you for payment for a job you have accepted, all liability with respect to payment lies with the consumer.
- Gig Economy Fees and Payments. HomeAdvisor will set prices for jobs in its sole discretion, and if you accept and complete a job, you will receive a pre-assigned take-home amount per job. This take-home amount will be displayed prior to your accepting a job. In order to participate in the Gig Economy Program, you are required to sign up for Easy Pay, and agree to the Easy Pay terms and conditions, as all payments from consumers will be processed and distributed to you via Easy Pay.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- ARBITRATION and Governing Law.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against HomeAdvisor (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We limit the number of Service Professionals that are matched to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation. You may be displayed among service professionals who are members of HomeAdvisor affiliate companies, including Angie's List, some of whom may have been subject to different screening criteria than the screening you are required to undergo.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You acknowledge and agree that in certain areas of the HomeAdvisor website or its affiliates' sites, the "star" rating that you have received from consumers may be converted to a "letter" rating, in HomeAdvisor's sole discretion. If you are an Angie's List service professional, HomeAdvisor may convert your "letter" rating into a "star" rating for display on the HomeAdvisor site, in HomeAdvisor's sole discretion.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor's mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and consumers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Instant Booking. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). If you participate in Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Handyman Program.
- Handyman Fees. Upon your approval into the Handyman Program, your method of payment will be charged a subscription fee ("Subscription Fee") per month in advance. This Subscription Fee is subject to change in HomeAdvisor's sole discretion with advance notice to you. You will also receive unlimited Handyman Leads at no cost to you.
- Per Lead Fees for Non-Handyman Leads. If you choose to expand your tasks beyond those included in the Handyman category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- ARBITRATION and Governing Law.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against HomeAdvisor (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We limit the number of Service Professionals that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor’s mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and consumers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Instant Booking. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). If you participate in Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Handyman Program.
- Handyman Fees. Upon your approval into the Handyman Program, your method of payment will be charged a subscription fee (“Subscription Fee”) per month in advance. This Subscription Fee is subject to change in HomeAdvisor’s sole discretion with advance notice to you. You will also receive unlimited Handyman Leads at no cost to you.
- Per Lead Fees for Non-Handyman Leads. If you choose to expand your tasks beyond those included in the Handyman category, you will be responsible for paying the then-current Lead Fee for each Lead you receive in those additional categories, in addition to your monthly Handyman Subscription Fee.
- Term. HomeAdvisor may terminate the Handyman Program at any time in its sole discretion. If HomeAdvisor terminates the Handyman Program in the middle of a month, you will receive a pro-rated refund of your Subscription Fee. You may cancel your subscription at any time, but HomeAdvisor is not obligated to refund to you any Subscription Fees, except solely in the event you rescind or terminate your subscription within the seventy-two (72) hour period following your agreement to purchase a subscription.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- ARBITRATION and Governing Law.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against HomeAdvisor (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We limit the number of Service Professionals that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- Membership in the HomeAdvisor network is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By applying to join HomeAdvisor, you represent and warrant that you are eligible.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- HomeAdvisor’s mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow HomeAdvisor and consumers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Instant Booking. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). If you participate in Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- ARBITRATION and Governing Law.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against HomeAdvisor (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- You understand and agree that you are an independent contractor of HomeAdvisor, and are not a HomeAdvisor employee, joint venturer, partner, or agent. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. HomeAdvisor does not control, and has no right to control, the services you provide (including how you provide such services) if you are engaged by a consumer, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We limit the number of Service Professionals that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Instant Booking. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). If you participate in Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- ARBITRATION and Governing Law.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against HomeAdvisor (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- The relationship between HomeAdvisor and you shall be that of independent contractors and neither party shall be or represent itself to be an agent, employee, partner or joint venture of the other, nor shall either party have or represent itself to have any power or authority to act for, bind or commit the other.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We limit the number of Service Professionals that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment. Purchases of prepaid lead bundles are nonrefundable, even after cancellation of membership.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Instant Booking. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). If you participate in Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- ARBITRATION and Governing Law.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against HomeAdvisor (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- The relationship between HomeAdvisor and you shall be that of independent contractors and neither party shall be or represent itself to be an agent, employee, partner or joint venture of the other, nor shall either party have or represent itself to have any power or authority to act for, bind or commit the other.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We limit the number of Service Professionals that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Instant Booking. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). If you participate in Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- ARBITRATION and Governing Law.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against HomeAdvisor (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- The relationship between HomeAdvisor and you shall be that of independent contractors and neither party shall be or represent itself to be an agent, employee, partner or joint venture of the other, nor shall either party have or represent itself to have any power or authority to act for, bind or commit the other.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We have different tiers of Service Professionals so that you can distinguish your business, including HomeAdvisor "Member" and HomeAdvisor "Certified", which is a Member that has received sufficient positive Customer Ratings & Reviews, and has met certain other criteria specified by HomeAdvisor.
- We limit the number of Service Professionals that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation.
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation.
- Professional Website. You may purchase a Professional Website and hosting (see HomeAdvisor Website License & Services Agreement).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the HomeAdvisor Website License & Services Agreement
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, HomeAdvisor is not responsible for any delayed or undelivered leads.
- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Instant Booking. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). If you participate in Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- ARBITRATION and Governing Law.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or HomeAdvisor's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and HomeAdvisor (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against HomeAdvisor (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes
- These Terms and Conditions, and any dispute between you and HomeAdvisor, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- The exclusive means of resolving any dispute between you and HomeAdvisor or any claim made by you or HomeAdvisor arising out of or relating to your use of this Website and/or HomeAdvisor's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against HomeAdvisor in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against HomeAdvisor any class action, class arbitration, or other representative action or proceeding.
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement or your use of the HomeAdvisor Website and/or Services, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- The relationship between HomeAdvisor and you shall be that of independent contractors and neither party shall be or represent itself to be an agent, employee, partner or joint venture of the other, nor shall either party have or represent itself to have any power or authority to act for, bind or commit the other.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We have different tiers of Service Professionals so that you can distinguish your business, including HomeAdvisor "Member" and HomeAdvisor "Certified", which is a Member that has received sufficient positive Customer Ratings & Reviews, and has met certain other criteria specified by HomeAdvisor.
- We limit the number of Service Professionals that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation
- In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- Professional Website. You may purchase a Professional Website and hosting (see
).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, thatyou have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the
- By enrolling in the ${brandName} network or otherwise becoming a customer of ${brandName}, and/or by inquiring about membership in the ${brandName} network or other ${brandName} products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from ${brandName}, 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 our business, including marketing related emails. You agree to sign up for at least two methods of lead notification (for example SMS and email), and acknowledge that if you do not sign up for at least two methods of lead notification, ${brandName} is not responsible for any delayed or undelivered leads.
- Fees
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Instant Booking. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). If you participate in Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HOMEADVISOR TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HOMEADVISOR DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- The relationship between HomeAdvisor and you shall be that of independent contractors and neither party shall be or represent itself to be an agent, employee, partner or joint venture of the other, nor shall either party have or represent itself to have any power or authority to act for, bind or commit the other.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We have different tiers of Service Professionals so that you can distinguish your business, including HomeAdvisor "Member" and HomeAdvisor "Certified", which is a Member that has received sufficient positive Customer Ratings & Reviews, and has met certain other criteria specified by HomeAdvisor.
- We limit the number of Service Professionals that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation.
- In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
- Professional Website. You may purchase a Professional Website and hosting (see
).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, thatyou have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Instant Booking. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). If you participate in Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HOMEADVISOR TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HOMEADVISOR DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- The relationship between HomeAdvisor and you shall be that of independent contractors and neither party shall be or represent itself to be an agent, employee, partner or joint venture of the other, nor shall either party have or represent itself to have any power or authority to act for, bind or commit the other.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
- What We Agree.
- With Respect to Lead Purchasing Members.
- HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
- We have different tiers of Service Professionals so that you can distinguish your business, including HomeAdvisor "Member" and HomeAdvisor "Certified", which is a Member that has received sufficient positive Customer Ratings & Reviews, and has met certain other criteria specified by HomeAdvisor.
- We limit the number of Service Professionals that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
- For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
- With Respect to Subscription Members:
- You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation.
- In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing)
- Professional Website. You may purchase a Professional Website and hosting (see
).
- With Respect to Lead Purchasing Members.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:- You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
- You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations(and upon request will produce documentation to verify this), and further, thatyou have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions. - You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
- You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
- You agree to abide by and to follow the terms of the HomeAdvisor Resolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
- If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
- If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
- By posting or providing any content on the HomeAdvisor Website, including but not limited to photographs ("Content"), you represent and warrant to HomeAdvisor that you own or have all necessary rights to use the Content, and grant to HomeAdvisor the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you have own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner. You hereby grant HomeAdvisor and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute, and place advertising near and adjacent to your Content on the HomeAdvisor Website, and on any other websites owned or operated by HomeAdvisor. Nothing in this Agreement shall restrict other legal rights HomeAdvisor may have to the Content, for example under other licenses. HomeAdvisor reserves the right to remove or modify Content for any reason, including Content that HomeAdvisor believes violates this Agreement or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason. In the event your HomeAdvisor account is terminated, or if you remove any Content from your HomeAdvisor account, HomeAdvisor and its users may retain your Content and may continue to use any of your Content (pursuant to the license granted above). You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HOMEADVISOR SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OR CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HOMEADVISOR AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT N THE PART OF HOMEADVISOR. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHORE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HOMEADVISOR, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
- You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
- In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
- In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
- For Website Purchases, you agree to the
- By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business, including marketing related emails.
- Fees.
- You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives.
- Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
- Subscription Fees; License Fees; Other Recurring Fees.
- For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
- AUTOMATIC RENEWAL OF SUBSCRIPTION; After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
- Free Trials and Other Promotions. Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
- Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment.
- You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications. You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
- Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
- Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
- No fee is due or payable to the extent such fee is in violation of any applicable law.
- HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
- You authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments, lead fees, or any other fees charged by HomeAdvisor.
- HomeAdvisor Seal of Approval.
- License. While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
- Restrictions. You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
- Accessing the HomeAdvisor Seal of Approval. You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
- Review Magic. If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
- Instant Booking. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Booking program ("Instant Booking"), which allows consumers to book appointments with you, on a calendar set up for you on the HomeAdvisor website ("Booked Appointments"). If you participate in Instant Booking, you agree to the following: (i) you shall update, maintain, and keep current your schedule in the HomeAdvisor Online Calendar (or any other calendar with which HomeAdvisor has integrated), (ii) you will confirm every Booked Appointment, provided, however, that you shall be charged for all Booked Appointments, regardless of whether you confirm them or not, (iii) you shall honor every Booked Appointment, show up on time for all such appointments, and honor any quotes or estimates you provide to consumers, (iv) you shall pay a premium lead fee for Booked Appointments (v) you understand and agree that Booked Appointments are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, or even shows up for, or cancels, the booked appointment, (vi) lead fees for Booked Appointments are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Booked Appointments received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Booking at any time, for any reason or no reason.
- Instant Connect. HomeAdvisor may offer you the opportunity to participate in HomeAdvisor's Instant Connect program ("Instant Connect"), which allows consumers to request to be connected to you directly via telephone. If you participate in Instant Connect, you agree to the following: (i) you shall pay a premium lead fee for Instant Connect leads, (ii) you understand and agree that Instant Connect leads are not guaranteed jobs, but merely consumer leads, and that you are obligated to pay the applicable lead fees regardless of whether the consumer hires you, (iii) lead fees for Instant Connect are in addition to, and do not count toward, your spend targets for Leads, and therefore, if you have reached your spend target, you would still be charged for any Instant Connect leads received thereafter. HomeAdvisor reserves the right to terminate your participation in Instant Connect at any time, for any reason or no reason.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
- Indemnification. You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HOMEADVISOR OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HOMEADVISOR OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HOMEADVISOR TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HOMEADVISOR DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE HOMEADVISOR SERVICES AND HOMEADVISOR SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HOMEADVISOR DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- Other Terms.
- This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
- You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
- HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv); II; III (f), (g), (h) and (i); V; VIII; IX (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
- 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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
- You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
- The relationship between HomeAdvisor and you shall be that of independent contractors and neither party shall be or represent itself to be an agent, employee, partner or joint venture of the other, nor shall either party have or represent itself to have any power or authority to act for, bind or commit the other.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "SP" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." References herein to the HomeAdvisor web site include any and all web sites now, or hereafter, owned or operated by HomeAdvisor.
I. What We Agree.
a.With Respect to Lead Purchasing Members.
i.HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
ii.We have different tiers of Service Professionals so that you can distinguish your business, including HomeAdvisor "Member" and HomeAdvisor "Certified", which is a Member that has received sufficient positive Customer Ratings & Reviews, and has met certain other criteria specified by HomeAdvisor.
iii.We limit the number of Service Professionals that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
iv.We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
v.For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
b. With Respect to Subscription Members:
i.You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
c. Professional Website. You may purchase a Professional Website and hosting (see
II. What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:
a.You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
b.You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
c.You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
d.You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
e.You agree to abide by and to follow the terms of the HomeAdvisorResolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
f.If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
g.If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
h.You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
i.You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities.YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HomeAdvisor SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THERIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OF OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HomeAdvisor AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT ON THE PART OF HomeAdvisor. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HomeAdvisor, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
j.You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
k.In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
l.In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
m. For Website Purchases, you agree to the
n. By enrolling in the HomeAdvisor network or otherwise becoming a customer of HomeAdvisor, and/or by inquiring about membership in the HomeAdvisor network or other HomeAdvisor products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives 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, and even if you have previously opted-out from receiving marketing emails from HomeAdvisor, 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 our business,includingmarketing related emails.
III. Fees.
a.You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information b y you or your representatives.
b. Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, six months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
c. Subscription Fees; License Fees; Other Recurring Fees.
i. For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
ii.AUTOMATIC RENEWAL of SUBSCRIPTION;After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
iii. Free Trials and Other Promotions.Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
d. Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment.
e.You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications.You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
f.You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
g.Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
h. Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
i.No fee is due or payable to the extent such fee is in violation of any applicable law.
j.HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
IV. HomeAdvisor Seal of Approval.
a.License.While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
b.Restrictions.You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
c.Accessing the HomeAdvisor Seal of Approval.You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
V. Review Magic.If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
VI. Indemnification; Limitation of Liability; Disclaimer of Warranties.
a.Indemnification.You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval,REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HomeAdvisor OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRICT LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HomeAdvisor OR THE INDEMNIFIED PARTIES.
b.Limitation of Liability.IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM.
c.Disclaimer of Warranties.YOU ACKNOWLEDGE AND AGREE THAT THE HomeAdvisor SERVICES AND HomeAdvisor SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HomeAdvisor DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
VII. Other Terms.
a.This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
b.You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
c.HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
d.If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv) ; II; III (f), (g), (h) and (i); V; VI; VII (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
e.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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
f.In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
g.You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
h.The relationship between HomeAdvisor and you shall be that of independent contractors and neither party shall be or represent itself to be an agent, employee, partner or joint venture of the other, nor shall either party have or represent itself to have any power or authority to act for, bind or commit the other.
i.If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
j.Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
HomeAdvisor Terms & Conditions: HSPP
Select Pro Program
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "SP" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." References herein to the HomeAdvisor web site include any and all web sites now, or hereafter, owned or operated by HomeAdvisor.
I. What We Agree.
a.With Respect to Lead Purchasing Members.
i.HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
ii.We have different tiers of Service Professionals so that you can distinguish your business, including HomeAdvisor "Member" and HomeAdvisor "Certified", which is a Member that has received sufficient positive Customer Ratings & Reviews, and has met certain other criteria specified by HomeAdvisor.
iii.We limit the number of Service Professionals that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
iv.We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory (defined below), in HomeAdvisor's sole discretion.
v.For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory (defined below) and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
b. With Respect to Subscription Members:
i.You may purchase a subscription to receive services including: Placement in the HomeAdvisor's directory product which is displayed on the HomeAdvisor website ("LiveDirectory") and Ratings and Reviews solicitation
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
c. Professional Website. You may purchase a Professional Website and hosting (see
II. What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:
a.You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
b.You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
c.You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
d.You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
e.You agree to abide by and to follow the terms of the HomeAdvisorResolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
f.If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you.
g.If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
h.You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
i.You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities.YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HomeAdvisor SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THERIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OF OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HomeAdvisor AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT ON THE PART OF HomeAdvisor. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HomeAdvisor, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
j.You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
k.In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
l.In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
m. For Website Purchases, you agree to the
III. Fees.
a.You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information b y you or your representatives.
b. Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, six months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
c. Subscription Fees; License Fees; Other Recurring Fees.
i. For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
ii.AUTOMATIC RENEWAL of SUBSCRIPTION;After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
iii. Free Trials and Other Promotions.Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
d. Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment.
e.You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications.You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
f.You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
g.Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
h. Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
i.No fee is due or payable to the extent such fee is in violation of any applicable law.
j.HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
IV. HomeAdvisor Seal of Approval.
a.License.While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
b.Restrictions.You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
c.Accessing the HomeAdvisor Seal of Approval.You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
V. Review Magic.If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
VI. Indemnification; Limitation of Liability; Disclaimer of Warranties.
a.Indemnification.You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval,REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HomeAdvisor OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRICT LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HomeAdvisor OR THE INDEMNIFIED PARTIES.
b.Limitation of Liability.IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM.
c.Disclaimer of Warranties.YOU ACKNOWLEDGE AND AGREE THAT THE HomeAdvisor SERVICES AND HomeAdvisor SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HomeAdvisor DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
VI. Other Terms.
a.This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
b.You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
c.HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
d.If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I(a) (iv) ; II; III (f), (g), (h) and (i); V; VI; VII (b), (d), (e), (f), (g) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any HomeAdvisor content, including but not limited to the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
e.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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
f.In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
g.You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
h.The relationship between HomeAdvisor and you shall be that of independent contractors and neither party shall be or represent itself to be an agent, employee, partner or joint venture of the other, nor shall either party have or represent itself to have any power or authority to act for, bind or commit the other.
i.If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
j.Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
HomeAdvisor Terms & Conditions: HSPP
Select Pro Program
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement ("Agreement") governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "SP" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." References herein to the HomeAdvisor web site include any and all web sites now, or hereafter, owned or operated by HomeAdvisor.
I. What We Agree.
a.With Respect to Lead Purchasing Members.
i.HomeAdvisor receives requests from its customers ("customers") for certain services. In turn, HomeAdvisor may send you a communication about such customer's expressed service request need (a "Lead"). We may also send your contact information to the customer. The information we provide about you will be based on the information you submit during the Company Profile Interview (which you may amend from time to time) and Customer Ratings & Reviews, and may be amended by HomeAdvisor from time to time. Leads may also be sent to other member service professionals based on the category of the customer request.
ii.We have different tiers of Service Professionals so that you can distinguish your business, including HomeAdvisor "Member" and HomeAdvisor "Certified", which is a Member that has received sufficient positive Customer Ratings & Reviews, and has met certain other criteria specified by HomeAdvisor.
c.We limit the number of Service Professionals that are displayed to a customer. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a customer's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the customers, or that any customers will hire you to perform services, nor do we guarantee that you will successfully contact each customer. We are not involved in, nor do we have any responsibility for your contracts with customers, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. HomeAdvisor is free to contract with other Service Professionals as this is not an exclusive contract.
iii.We provide customers with the ability to rate their experience working with you via Customer Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion.
iv.For Service Professionals using HomeAdvisor's Exact Match Services (not available in Canada), HomeAdvisor shall endeavor to generate click-throughs to the SP's listing and online profile page and calls to the Exact Match Numbers (defined below), based upon the profile information supplied by SP. HomeAdvisor shall provide for the hosting of the SP online profile page (which may appear in the HomeAdvisor LiveDirectory ("LiveDirectory") and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. HomeAdvisor shall provide the telephone numbers unique to SP's online profile page ("Exact Match Numbers"). In addition, consumers will be able to complete a service request on the SP online profile page. A submission of a service request by a consumer on SP's online profile page, or via a telephone call to SP's Exact Match Number shall constitute an "Exact Match Lead." In addition, a lead will be deemed to be an Exact Match Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", or indicating to a HomeAdvisor representative that they would like to be connected to you, or otherwise indicates that they desire to contact you.
b. With Respect to Subscription Members:
i.You may purchase a subscription to receive services including: Placement in the LiveDirectory and Ratings and Reviews solicitation
In the event you purchase a subscription and elect to appear in the LiveDirectory, your business listing may appear on the Pro Reviews section of the HomeAdvisor website, in response to requests from consumers for contractors in the project categories that you have indicated to us that you perform, in geographic locations where you have told us your perform services. HomeAdvisor does not make any representations or warranties regarding how often your listing and/or profile (including any ratings or reviews) will appear or be viewed, or where or on what page of the Pro Reviews tab your listing will appear, or your conversion rate for impressions or views of your profile page. You will also have the ability to solicit and collect ratings and reviews from any of your customers, which may or may not be displayed in LiveDirectory, in HomeAdvisor's sole discretion. In addition, the telephone number displayed with your listing shall be your actual telephone number that you provide to HomeAdvisor (unless your listing is appearing as an Exact Match listing).
c. Professional Website. You may purchase a Professional Website and hosting (see
II. What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company (including any predecessor entities of your company), employees, and any individuals performing work on your behalf, at the time you become a HomeAdvisor customer, and thereafter while this Agreement remains in effect, as follows:
a.You are qualified and capable of performing the services, trade, or tasks you selected on the Service Professional Enrollment Form or during your Company Profile Interview, and any subsequent amendments you make to your Customer Profile.
b.You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in accordance with applicable industry standards) under all applicable laws and trade regulations (and upon request will produce documentation to verify this), and further, that you have not been turned down for insurance coverage related to your provision of services. You will notify us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and represent that you will at all times operate within the guidelines as specified by such restrictions.
c.You will comply with the HomeAdvisor membership requirements as specified from time to time. If these requirements are amended, you will be advised and provided the opportunity for a reasonable period of time as designated by HomeAdvisor to comply with any changes.
d.You hereby represent that you, any predecessor entities of your company, any other majority shareholders, partners or members, and your company, are free from any (i) bankruptcies, civil legal judgments within the last 3 years, and (ii) felony criminal convictions, OR you have provided HomeAdvisor with an accurate and truthful written statement detailing any exceptions. If at any time during your membership with HomeAdvisor you, any predecessor entities of your company, any other majority shareholders, partners or members or your company, should file for bankruptcy or be involved in bankruptcy proceedings, have a civil legal judgment entered against such party or a felony conviction entered against such party, you will promptly notify HomeAdvisor. You further represent that you have not been sanctioned or penalized by any governmental authorities in connection with your provision of services to any of your customers, and that you have not been denied membership to (or had your membership revoked from) any professional industry associations. You authorize HomeAdvisor to verify that all of the above representations are truthful and accurate at any time while this Agreement remains in effect.
e.You agree to abide by and to follow the terms of the HomeAdvisorResolution Process, as amended from time to time and appearing on our Website. You will cooperate with us if we attempt to facilitate the resolution of any customer complaints between you and your customers; however we are not liable to you or any customer if such matters cannot be resolved. We reserve the right to charge you for any amounts paid to a customer pursuant to a dispute between you and a customer, or based upon your performance of or failure to perform services for a customer, and you agree to reimburse us for any such payments. You agree that we shall have the right to disclose any information we have regarding you and your company to any authorities requesting information from us regarding any work or services you have performed.
f.If you provide any quotes to consumers via the HomeAdvisor website, such quotes are provided for informational purposes only. A consumer cannot contract with you via the HomeAdvisor website. In the event a consumer selects you on our website in response to a quote you provide (or schedules and appointment), such selection (or appointment) is merely an indication of the consumer's interest in contacting or being contacted by you. If you provide written comments or testimonials about our service or activities, you agree that we shall have sole ownership of any and all intellectual property rights in such comments or testimonials, and that we may post and publish your comments or portions thereof at our sole discretion on our Website or in marketing materials including your name and company or agency, and that you shall not be entitled to any payments associated with our use of the foregoing. You hereby authorize us to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, content including photographs, in the form or format that you supply to us or that you upload to our Website, for use and posting on our Website and for use in marketing materials to be presented to customers in online postings, via emails or otherwise to help promote you or your services, and that you shall not be entitled to any payments associated with our use of the foregoing. HomeAdvisor reserves the right, in its sole discretion, to review, reject and remove any content that you upload to the HomeAdvisor Website or your company profile. You further represent that you have all necessary rights to display any of the logos, service marks, trademarks, and any other content that you upload to our Website, and you represent that your uploading for display of any such content, and the use by HomeAdvisor of such content as contemplated by this Agreement, shall not violate any third party's intellectual property rights. If there are any limitations or restrictions pertaining to the use or presentation of such logos, trade or service marks, it shall be your responsibility to provide us in writing with any such restrictions or limitations of use. If expressly authorized by us in writing in advance, you may be authorized during the term of this Agreement to use certain marks of HomeAdvisor as necessary to promote your business. You are expressly prohibited from registering any trademarks or domain names of HomeAdvisor.
g.You acknowledge and agree that all of the content and information posted on the HomeAdvisor Website, including but not limited to Service Professional profiles, screening information, and Customer Ratings & Reviews for all HomeAdvisor Service Professional members (excluding any logos or trademarked materials, or other intellectual property of Service Professionals provided by Service Professionals), is the sole and exclusive property of HomeAdvisor. You acknowledge and agree that you have no right to reproduce, post, publish, display or otherwise use any Customer Ratings & Reviews (including those relating to you and your business), or any other content posted on the HomeAdvisor Website, other than content provided directly by you. You represent and warrant that all of the information you provide to HomeAdvisor, including any and all information you include on your profile page, is true and accurate. You acknowledge that a violation of any 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. You acknowledge and agree that HomeAdvisor has the right, in its sole discretion, to contact customers about services you provide to gain their feedback and rating of you, and to display such Customer Ratings and Reviews on our Website. HomeAdvisor is not responsible or liable to you for any comments, ratings or communications of any kind from customers that we choose to post on our Website.
h.You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with HomeAdvisor, any customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities.YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A HomeAdvisor SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THERIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OF OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO HomeAdvisor AND OTHER SERVICE PROFESSIONAL PARTNERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME, EFFORT ON THE PART OF HomeAdvisor. THERE ALSO MAY BE REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO HomeAdvisor, AS SET FORTH IN SECTION IV BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH ACTIVITIES.
i.You agree to allow only employees of your company or independent contractors performing services directly on behalf of your business to contact or provide any service to customers you learn of via a Lead. To the extent you use any such subcontractors, you shall be responsible and liable for all acts and omissions of such subcontractors and for ensuring that such subcontractors comply with all the provisions of Section II of this Agreement. You agree not to sell, trade, gift, assign, or otherwise transfer any Service Requests, or Leads provided by HomeAdvisor to any other party, including any other HomeAdvisor Service Professionals.
j.Manager Accounts (if applicable): If you elect, and are eligible, to become a Manager Account, and you meet the applicable HomeAdvisor requirements, you may assign a Service Request, or Lead (that you do not personally take and contact) to ONLY ONE SINGLE pre-designated employee or agent such as a sub-contractor or agent working under your direct supervision (a "Sub-Account Agent"), which Sub-Account Agent must be registered and approved as a service professional in our system prior to being eligible to receive any Service Requests, or Leads. You may assign a Lead to only one Sub-Account Agent, such that only one of your Sub-Account Agents (and not you, except for the sole purpose of introducing the Sub-Account Agent to the customer) will ever contact the customer relating to such Lead. You, as Manager, are not allowed to contact a Lead and then transfer the Lead to a Sub-Account Agent, or transfer the Lead to a Sub-Account Agent and then separately contact the Lead (for example to re-pitch, retrieve or try to salvage the customer). Any Sub-Account agent that receives a Lead from a Manager Account may not transfer, sell, share or distribute such Lead in any way to any other parties whatsoever, including but not limited to office-mates or any other Sub-Account agents working with for the same or other Manager Accounts, or back to the Manager Account (and you, as Manager, agree to insure that Sub-Account Agents comply with this restriction). You hereby acknowledge and agree that you are liable for all of the actions, and failures to act, of your Sub-Account Agents, including any misuse by your Sub-Account Agents of a Lead (i.e. sale, unauthorized transfer, exchange, disclosure of confidential user information to a third party), and any breach of this Agreement by your Sub-Account Agents shall entitle us, in addition to our right to terminate this Agreement and any of your Sub-Agent Accounts, to seek damages (including without limitation any attorney's fees, court costs, expenses, and interest) from you, including but not limited to injunctive relief and any damages incurred due to any breach of a customer's privacy. In addition, your indemnification obligations under this Agreement apply to the acts, or failures to act, of your Sub-Account Agents, as if such acts, or failures to act, had been committed by you.
k.In addition to all of the other terms and conditions herein, SPs using HomeAdvisor's Exact Match services (not available in Canada) also agree to the following: (i) SP hereby represents and warrants that the information provided by SP in the SP profile on the SP's online profile page is, and shall at all times be, maintained in an accurate, up-to-date and professional manner, and in compliance with all applicable laws and regulations; (ii) SP hereby agrees that it hereby has automatically pre-accepted any Exact Match Leads provided to it by HomeAdvisor; (iii) SP hereby agrees to pay for any and all Exact Match Leads, in accordance with the then current HomeAdvisor fee schedule; (iv) HomeAdvisor may provide SP's phone number to any individual calling the Exact Match Numbers; (v) SP acknowledges and agrees that not all consumers calling the SP's Exact Match Number or visiting the SP's online profile page will be directed to SP for reasons including, but not limited to the Exact Match consumer's request not matching the SP's profile, SP's account being on hold or no longer being a member of the HomeAdvisor network, or the SP not having any available spend target. In such event, HomeAdvisor may direct consumers from the SP's online profile page to the HomeAdvisor website; (vi) SP hereby authorizes HomeAdvisor to take any and all actions necessary to generate click-throughs to SP's online profile page and telephone calls to Exact Match Numbers, including contracting with search engines, Internet directories, and other online and offline advertising sources and making the representations herein on behalf of SP to such third parties, and (vii) SP authorizes HomeAdvisor to use, copy, reproduce, and sublicense SP's contact information, SP's profile, and any content on the SP's online profile page in furtherance of the foregoing. You further acknowledge, that in the event you are using HomeAdvisor's Exact Match services, and you are also a LiveDirectory subscription member, you may appear in the LiveDirectory at different times as an Exact Match listing, or a LiveDirectory subscription member listing, but will only be charged Lead Fees when you receive a service request generated from your listing appearing as an Exact Match listing.
l.In the event you participate in any promotion whereby HomeAdvisor promotes an offer or discount related to your services, whether on the HomeAdvisor Website, via direct mail, or otherwise, you agree to abide by the terms of such offer or discount.
m. For Website Purchases, you agree to the
III. Fees.
a.You agree to be bound by the then applicable pricing plan provisions (all fees are stated and payable in US dollars) for any and all Leads presented to you (as further described in Attachment A for lead purchasing service professionals), or for any inclusion in our LiveDirectory service or any other subscription offering. You will pay HomeAdvisor applicable non-refundable fees which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for customer Leads accepted by you; (iii) HomeAdvisor Seal of Approval License Fees at the then current standard Seal of Approval license fee rates, (iv) Membership Fees; (v) Administrative Fees; (vi) Website development and hosting fees, if you have elected to have HomeAdvisor develop and host your company Website; (vii) Subscription Fees and (viii) any other applicable fees such as Custom URL Fees or e-mail account fees as applicable. Our billing period runs weekly from Wednesday through the following Tuesday. HomeAdvisor reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information b y you or your representatives.
b. Lead Fees. You agree that payment for Lead Fees will be made by HomeAdvisor initiating an ACH transfer or processing your credit card (for Canadian SP's, credit card only) each Friday for the previous week's activity. You may view a statement of your monthly lead activity on your HomeAdvisor account, at pro.HomeAdvisor.com. We may, in our sole discretion, issue you a credit ("Credit"), provided, however, that any and all Credits must be requested by you within 30 days of the date that the charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, six months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to HomeAdvisor and are in no way, referral commissions based upon your successful completion of services.
c. Subscription Fees; License Fees; Other Recurring Fees. For purchases of a subscription membership (monthly, quarterly, or annually), you shall pay such fees on a monthly, quarterly or annual basis, as applicable. You agree that payments will be made by HomeAdvisor initiating an ACH transfer or processing your credit card, in advance, on a monthly, quarterly or annual basis, as applicable.
d.AUTOMATIC RENEWAL of SUBSCRIPTION;After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (each a "Renewal Term"), at the renewal price communicated to you at the time your purchased your initial subscription ("Renewal Price"), unless HomeAdvisor provides you with at least thirty (30) advance notice of a change in your Renewal Price. You agree that your account will be subject to this automatic renewal feature. If you want to change or terminate your subscription, you may do so solely by contacting HomeAdvisor Customer Care at (877) 947-3676. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires, and you won't be eligible for any refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize HomeAdvisor to charge your provided payment method now and again at the beginning of any Renewal Term. You also authorize HomeAdvisor to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if HomeAdvisor does not receive payment from your payment method or payment method provider, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that HomeAdvisor may either terminate or suspend your subscription and continue to attempt to charge your payment method until payment is received.
e. Free Trials and Other Promotions.Any free trial or other promotion that provides a subscription to the HomeAdvisor services automatically renews in the same manner as set forth above under the section titled "Automatic Renewal", provided, however, that the Renewal Price for any Renewal Terms will be higher than during the free trial or promotion initial term. You must cancel your subscription before the end of the trial period in order to avoid being charged the Renewal Price.
f. Discounts. When you purchase multiple product, you may be eligible for certain discounts, as set forth on the then-current pricing plan, provided, however, that cancellation of a product/service for which you have received a discount, may result in the discount being rescinded retroactively for the remaining products/services, and an immediate additional payment to be charged to your method of payment.
g.You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your HomeAdvisor profile, and all contact and billing information, are kept up-to-date and accurate. HomeAdvisor is not responsible, or liable, for undelivered customer notifications.You agree to promptly notify HomeAdvisor if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
h.You acknowledge that you will not receive a detailed account statement unless you provide HomeAdvisor with a valid email address or fax number. Your account balance is also available by calling (877) 947-3676 or via the Account tab of the Pro.HomeAdvisor.com Website. HomeAdvisor will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
i.Any disputes about charges to your account must be submitted to HomeAdvisor in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
j. Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
k.No fee is due or payable to the extent such fee is in violation of any applicable law.
l.HomeAdvisor is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as subscription fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
IV. HomeAdvisor Seal of Approval.
a.License.While this Agreement remains in effect, and while you remain in full compliance with all terms set forth herein, HomeAdvisor hereby grants you a non-exclusive, non-transferrable, non-sublicenseable, license to use and display the HomeAdvisor Seal of Approval in connection with marketing your business. You agree that any use or display of the HomeAdvisor Seal of Approval must comply with all standards and guidelines of HomeAdvisor adopted from time to time with respect to the proper use and display of the HomeAdvisor Seal of Approval.
b.Restrictions.You may only use the HomeAdvisor Seal of Approval in the event you pass HomeAdvisor's pre-screening criteria initially and annually thereafter, which shall be determined in HomeAdvisor's sole discretion. HomeAdvisor may also re-screen your business at any time in its sole discretion, and may terminate this Agreement in HomeAdvisor's sole discretion. Further, you agree that you will use and display the HomeAdvisor Seal of Approval solely in connection with the tasks for which HomeAdvisor pre-screens you. For example, if you are pre-screened as a plumber, you may not use the HomeAdvisor Seal of Approval to advertise your business for any services other than plumbing services. Further, you may only use the HomeAdvisor Seal of Approval in the state or states for which you have been pre-screened by HomeAdvisor. You may only use the HomeAdvisor Seal of Approval for its intended use, and you may not misrepresent HomeAdvisor, HomeAdvisor's products or Services, your affiliation with HomeAdvisor, or the HomeAdvisor Seal of Approval. If at any time any of your screening status should change (i.e. state-level license terminated; fall out of good standing in your state of incorporation), you must immediately report such change to HomeAdvisor, and if such change causes your business to fail HomeAdvisor's screening criteria, in HomeAdvisor's sole discretion, then your license to use the HomeAdvisor Seal of Approval is immediately suspended, and if not remedied to HomeAdvisor's satisfaction within thirty days of notification, this Agreement shall automatically terminate. You also hereby agree to be re-screened by HomeAdvisor annually, and at any other time as desired by HomeAdvisor, and failure to allow such rescreening, or failing the re-screening, in HomeAdvisor's sole discretion, shall result in the immediate and automatic termination of this Agreement. The license granted hereunder is solely for the use of the HomeAdvisor Seal of Approval, and you do not have any right to use the HomeAdvisor name or logo separately or apart from the HomeAdvisor Seal of Approval.
c.Accessing the HomeAdvisor Seal of Approval.You agree that you shall access the HomeAdvisor Seal of Approval solely via the following methods: (a) via a code snippet provided to you by HomeAdvisor for use online on your website, or (b) any other method generally offered by HomeAdvisor. You may not make any changes or modifications to the HomeAdvisor Seal of Approval (including the code snippet), and shall only use the HomeAdvisor Seal of Approval in the exact form and format in which it is provided to you by HomeAdvisor.
V. Review Magic.If you purchase a Professional Website, you will have the ability, via our "Review Magic" functionality, to select certain of your HomeAdvisor consumer Ratings & Reviews from your HomeAdvisor profile page, to be displayed on your Professional Website. HomeAdvisor authorizes you to use the Review Magic functionality, and display such Ratings & Reviews on your Professional Website solely while you remain an active member, in good standing, of the HomeAdvisor network. If at any time your membership in the HomeAdvisor network is terminated, by either you or HomeAdvisor, you shall no longer be authorized to display such Ratings & Reviews on your Professional Website, and you agree to remove all such Ratings & Reviews immediately.
VI. Indemnification; Limitation of Liability; Disclaimer of Warranties.
a.Indemnification.You shall fully protect, indemnify and defend HomeAdvisor and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of the HomeAdvisor Seal of Approval,REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF HomeAdvisor OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRICT LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY HomeAdvisor OR THE INDEMNIFIED PARTIES.
b.Limitation of Liability.IN NO EVENT ARE WE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HomeAdvisor TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO HomeAdvisor DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM.
c.Disclaimer of Warranties.YOU ACKNOWLEDGE AND AGREE THAT THE HomeAdvisor SERVICES AND HomeAdvisor SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND HomeAdvisor DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
VI. Other Terms.
a.This Agreement, and the HomeAdvisor Fee Schedule, may be changed from time to time and you agree to be bound by any changes that are posted on the HomeAdvisor Website or which are otherwise communicated to you; the current applicable Agreement and HomeAdvisor Fee Schedule is available upon request.
b.You may terminate this Agreement upon our receipt of your written notice during normal business hours (such termination to be effective upon the close of business on the day properly delivered and received), but you shall be obligated to pay for any Leads or services delivered to you prior to us receiving your termination during normal business hours.
c.HomeAdvisor, in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this Agreement and your membership in the HomeAdvisor network immediately at any time for any reason or no reason at all.
d.If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Sections I (d) ; II; III (d), (e), (g), (h) and (i); V; VI (b), (d), (e), (f), (g), (h) and (i); and any Leads provided to you during the term of this Agreement and relationships you enter into or create from those Leads will continue to be governed by this Agreement including but not limited to with respect to any disputes that may arise or claims that may be made against us and any indemnification of us by you for such claims. Further, in the event this Agreement is terminated or expires, (i) the license granted in Section IV(a) above shall immediately terminate, and you shall have no further right to access, use or display the HomeAdvisor Seal of Approval in any manner, and (ii) you agree to destroy any materials containing the HomeAdvisor Seal of Approval. Upon any termination of this Agreement, you will no longer have access to your HomeAdvisor account.
e.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 any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by HomeAdvisor, in addition to our right to immediately terminate this Agreement, HomeAdvisor reserves the right, in its sole discretion, to instigate, 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.
f.In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.
g.You will be liable for any attorneys' fees and costs if we have to take any legal action (including the retention of a lawyer) to enforce this Agreement. The laws of the State of Colorado (excluding the laws and principles with respect to conflicts of law) govern this Agreement. You hereby consent and agree that the state or federal courts in Denver Colorado are the exclusive forum for litigation of any claim by you arising under this Agreement, and you submit to sole and exclusive jurisdiction in the state of Colorado, and hereby irrevocably waive and relinquish any right to bring, or cause to be brought, any such action, or to have any such action brought, in any judicial or administrative forum outside of such forum.
h.The relationship between HomeAdvisor and you shall be that of independent contractors and neither party shall be or represent itself to be an agent, employee, partner or joint venture of the other, nor shall either party have or represent itself to have any power or authority to act for, bind or commit the other.
i.If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
j.Wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan with your provider, and you may incur charges from your telephone service provider for text messages, phone calls, email communications and data transferred.
HomeAdvisor Terms & Conditions
Premier Pro Program
You will purchase Leads in a one-step auto-accept process: You determine the approximate amount you would like to spend on Leads during a rolling 30-day time period ("Spending Target") and we send Leads to you via the communication methods you have specified in your HomeAdvisor profile that match the criteria established by you in your HomeAdvisor profile (you can change your profile by contacting Customer Service during normal business hours to alter the types and locations of Leads you receive) until we meet or exceed your Spending Target while simultaneously presenting your HomeAdvisor profile information to the customer (e.g. if your Spending Target is $400, and you have received leads totaling $380, and the next Lead would be $30, you will receive this next lead, but no more for that month, unless you indicate otherwise). You may increase your Spending Target at any time on-line (or by calling customer service during business hours) effective upon confirmation by you, and you may decrease your Spending Target at any time, but if you decrease your Spending Target, you agree to, and are obligated to pay the amount accrued to your account up to the time you decrease your Spending Target. These Leads contain information provided by the customer regarding their service need as well as the customer's contact information allowing you to immediately contact the customer. You acknowledge and agree that HomeAdvisor does not guarantee that we will deliver the requisite number of Leads to fulfill your Spending Target, nor will we be liable to you for any shortfall. You agree to pay for all Leads delivered under this Method One as properly specified by you in your HomeAdvisor profile. Such Leads are deemed accepted upon delivery.
Effective August 24, 2020 to August 24, 2020
DownloadTable of Contents
Welcome to HomeAdvisor! This Agreement governs your relationship with HomeAdvisor, Inc. In this Agreement, we will refer to you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "you" or "SP" and to HomeAdvisor, Inc. and its employees and agents as "we" or "us" or "HomeAdvisor." References herein to the HomeAdvisor web site include any and all web sites now, or hereafter, owned or operated by HomeAdvisor.
Select Pro Program