Welcome to HomeStars! This Agreement ("Agreement") governs your relationship with HomeStars Inc. (“HomeStars”). In this Agreement, we will refer to you, the member Service Provider, and all of your affiliates, agents, employees, representatives and subcontractors as "you" or "SP" and to HomeStars and its respective employees and agents as "we" or "us" or "HomeStars". References herein to the HomeStars website, www.HomeStars.com (the “Site”) include any and all websites, mobile applications now, or hereafter, owned or operated by HomeStars or the Site. Your access to the Site, provided to you by HomeStars is subject to these legally binding terms and conditions. Please, carefully read all of the following HomeStars Service Provider Terms of Use (the “Terms of Use” or “Terms”) before proceeding. Your continued use of the Site and/or any HomeStars services (the “Services”) indicates your acceptance of the Terms and that you intend to be legally bound by them. If you do not agree to be bound by these Terms, you should not use this Site. If you consider future amendments made to these Terms to be unacceptable, please cease using the Site.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE LEGAL DISPUTES SECTION BELOW. PLEASE READ CAREFULLY.
“Claimer/Claiming Company” means a company that claims a Company Profile created on the HomeStars Site for that same company by a User or third party;
“Company Profile” means an assemblage of accounts, data files, settings, photographs, audio-visual recordings, reviews, ratings, and descriptions that contain certain information about a Company provided to HomeStars by Service Professionals, Users, and/or third parties;
“Content” means any text, image, audio, video, or other form of data or information that you deliver, upload or transmit to, or in connection with the Site, including but not limited to, ratings, reviews, comments, posts and any profile information that you elect to make public;
“Member/Members/Membership” means the state or status of being a registered and paid-up member in good standing of HomeStars paid services;
“Service Professional(s)” means a company or companies that provide Users with home professional services and may or may not be either Members or Claimers.
“User/Users” means an individual or corporate entity that visits, interacts, accesses, browses, crawls, scrapes or in any way uses the Site to obtain a benefit or contribute content, and who may or may not be a paying Member, Service Professional, or Claimer.
With Respect to HomeStars Members and Claimers.
You agree to all the 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 Member or Claimer and thereafter, while this Agreement remains in effect, as follows:
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 may not use the Site to bully or harass HomeStars Users, Members, Claimers, or other Service Professionals, upload illegal material, modify Site content, send spam, or hack into User information.
In connection with your use of the Site, you agree that you shall not:
HomeStars reserves the right to decide what data, Content, or information is published to, or removed from, the Site is deemed to violate any of the above restrictions.
HomeStars is committed to resolving disputes quickly in a cost effective and neutral way (“HomeStars Resolution Process”). Accordingly, you and HomeStars agree to resolve any dispute that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below, or as HomeStars and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly.
In connection with any dispute that arises out of this Agreement or our services, you agree to the following: